Renewal Primer for Television Stations for Renewal Cycle Beginning June 2020
March 2020
This primer provides detailed guidance on the television station license renewal process.1 Please have those involved in the license renewal process at your station take some time to review these materials. Stations must begin their post-filing announcements on the date that their renewal application is filed. Note that we are happy to set up a call with our clients to walk through this process and answer any questions. We are also glad to handle the mechanics of filing renewal applications through the FCC’s “new” Licensing Management System (“LMS”).
SECTION I: THE BASICS
The deadline by which a station is required to file its license renewal application is determined by the state in which the station is licensed. Attachment A contains a state-by-state list of license renewal application filing dates and license expiration dates.2 After filing its license renewal application, a station must air post-filing announcements for one month.3 Pre-filing announcements are no longer required.4 Section II of this memorandum provides detailed guidance on the required post-filing announcements, the specific text required, and sample statements for certifying compliance with the public announcement requirements (Attachments B-E).
The license renewal application must be filed electronically through the FCC’s Licensing Management System (LMS) platform using FCC Form 2100/Schedule 303-S (“Form 303-S”). A sample copy of the Form 303-S from LMS is available at Attachment F, along with the FCC’s instructions for the form.
The Form 303-S is presented in primarily a “Yes/No” format, and requires licensees to certify as to their compliance with certain FCC regulatory requirements during the preceding eight-year license term. For stations purchased in the midst of the preceding license term, your certifications only cover the period for which you held the license.
Section III of this memorandum provides a brief summary of each certification required by the Form 303-S. When completing the application, only certify “Yes” to a question where you are
1 Additional information can be found on the FCC’s website at https://www.fcc.gov/media/television/broadcast-television-license-renewal. 2 Note that if the first day of the month falls on a weekend or federal holiday, the license renewal application will be due on the next full business day. 3 Media Bureau Announces Effective Date of New Local Public Notice Rules, Public Notice, DA 20-1289 (rel. October 30, 2020); Amendment of Section 73.3580 of the Commission’s Rules Regarding Public Notice of the Filing of Applications, Second Report and Order, FCC 20-65 (2020). 4 Pre-Filing Announcement Requirements 2020-2023 Renewal Applications, Order, DA 20-511 (rel. May 13, 2020).
certain that you have fully complied with the FCC’s rules and policies. Otherwise, answer “No” and provide an explanatory exhibit. Note that a “No” response does not automatically preclude grant of your application. The Commission realizes that, over an eight-year span, licensees may make errors. Although a “No” certification may result in a fine, the penalty for a false certification is far greater. The agency has fined broadcasters thousands of dollars for making inaccurate certifications.
While addressed in only one certification, the “Local Public File” question in the renewal application, which includes the online political file, requires particular attention. Section IV of this memorandum provides detailed guidance on the steps a station should take to ensure that its online public inspection file is complete and that this question is answered accurately.
Finally, in conjunction with the license renewal application, all stations (regardless of the number of full-time employees employed) must file a Broadcast Equal Employment Opportunity Program Report in LMS using FCC Form 2100/Schedule 396 (“Form 396”). A Form 396 as it appears in LMS is available at Attachment I. Because of the mechanics of the FCC’s filing system, the Form 396 must be filed in advance of the license renewal application. After the Form 396 is submitted, LMS will generate a file number for the Form 396 that must then be included in the Form 303-S before the renewal application can be submitted. Section VI of this memorandum provides detailed guidance on how to complete the Form 396.
SECTION II: PUBLIC ANNOUNCEMENTS/NOTICES5
Full-Power Television Stations, Class A Television Stations, and Low Power Television Stations Originating Local Programming
Post-Filing Announcements
After your license renewal application is filed, you must broadcast notice of the filing a total of six times – at least once per week for four consecutive weeks, with no more than two announcements per week, beginning no later than five business days following the release of the Commission public notice announcement of the acceptance of the application for filing. All on-air announcements must be broadcast between 7:00 a.m. and 11:00 p.m. local time.
Attachment B contains the FCC’s mandatory post-filing announcement text for full-power television stations and Class A television stations. Attachment C contains mandatory post- filing announcement text for low power television stations. We can assist you with filling in the blanks prior to the date your announcements must begin. Stations broadcasting primarily in a foreign language should broadcast the announcements in that language. In addition, stations must use visuals with the licensee’s and the FCC’s addresses when post-filing information is being orally presented by the announcer.
Certification
Within seven days of broadcasting the last post-filing announcement, full-power and Class A television stations must upload a statement certifying compliance with the public announcement requirement to the station’s online public inspection file. The statement must set forth the dates
5 The requirements discussed in this section are found in Section 73.3580 of the Commission’s rules, 47 C.F.R. § 73.3580.
and times that the post-filing notices were broadcast and provide the texts of the announcements. The certification does not need to include the announcement texts.
Attachment D contains a sample certification.
TV Translators and LPTV Stations Not Originating Local Programming
Newspaper Notice
Low power television stations not originating local programming and television translators are not required to broadcast post-filing announcements. Instead, the public notice requirements for such stations are as follows:
• Under the Commission’s new online public notice rule, low power television stations that do not originate local programming are no longer required to publish a post-filing announcement in a local newspaper. Instead, they must make the post-filing announcement available online. The notice should be posted in order of availability, on (1) the website of the applicant station, (2) the website of the applicant station’s licensee, or (3) the website of the applicant station’s parent entity. If there is no applicant-affiliated website, then see below for further instructions. For a station or affiliated website, the station must insert a tab or link on the website homepage labeled, “FCC Applications” that will link to a separate page containing the text of the notice. If the station has no pending applications, then the webpage should note this. Moreover, the webpage should contain a timestamp that reflects when the page was last updated. Attachment E contains the recommended text for this notice.
If there is no applicant-affiliated website, then the notice must be published on a locally targeted, publicly accessible website, which the Commission defines as a website that (a) members of the public can access without payment, registration, or any other requirement that the user provide information or respond to a survey or questionnaire in exchange for being able to access the online notice, and (b) is locally targeted to the area served and/or to be served by the applicant station (e.g., local government website, local community bulletin board website, local newspaper website, state broadcasters’ association website).6.
• If a television translator station is not renewed with the primary station7 that it rebroadcasts, then that station must similarly publish an online post-filing announcement. Attachment E contains the recommended text for this notice. Television translator stations that are renewed on the same Form 303-S as the primary station being rebroadcast do not need to compose a post-filing announcement.
6 Online Notice Order, FCC 20-65 at ¶ 12. 7 Television translators may only be renewed on the same application form as the primary station it rebroadcasts when they are commonly owned and either (1) they are licensed in the same state as the primary station or (2) they are licensed in a state that has the same TV license expiration date as the primary station. Translators located in separate states from the primary station that is being rebroadcasted may not file on the same Form 303-S as the primary station if the translator has an earlier or later license expiration date.
SECTION III: LICENSE RENEWAL APPLICATION CERTIFICATIONS
The certifications in the Form 303-S pertain to the licensee (e.g., the applicant) and “any party to the application.”8 Each certification in the renewal application is summarized below.
Character Issues.9 This certification asks the licensee to confirm that:
• “Neither the licensee nor any party to the application has or has had any interest in, or connection with, any broadcast application in any proceeding where character issues were left unresolved, or were resolved adversely against the applicant or any party to the application”; and
• “Neither the licensee nor any party to the application has or has had any interest in, or connection with, any pending broadcast application in which character issues have been raised.”
These certifications are phrased in the negative; if the licensee has nothing to report, it would answer “Yes” to both questions. These two certifications ask for confirmation that character issues have not been raised in a pending application, or were left unresolved or resolved adversely against the licensee or any party to the renewal application.
Adverse Findings. This certification asks the licensee to certify that “with respect to the licensee and each party to the application, no adverse finding has been made, nor has an adverse final action been taken by any court or administrative body in a civil or criminal proceeding brought under the provisions of any laws related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination.”
If there is nothing to report, the answer is “Yes”. If there has been such a finding, answer “No”.
FCC Violations During the Preceding License Term. This question asks the licensee to certify that “with respect to the station(s) for which renewal is requested, there have been no violations by the licensee of the Communications Act of 1934, as amended, or the rules or regulations of the Commission during the preceding license term. If ‘No’, the licensee must submit an explanatory exhibit providing complete descriptions of all violations.”
This certification requires that the licensee self-report whether the station has been found by the FCC or a court to have violated a Commission rule during the current license term (e.g., through the issuance of a Notice of Apparent Liability, Forfeiture Order, Notice of Violation or similar finding). Please note that in responding to these questions, stations should not self-disclose
8 In general, a “party to the application” is any individual or entity whose ownership interest in, or other relation to, an applicant is considered attributable pursuant to the FCC’s rules. Detailed guidance for determining those interests that are attributable is found in the instructions to the Form 303-S found in Attachment F. If you need assistance determining which individuals and/or entities are “parties to the application,” please contact the Wiley attorney who regularly handles your station matters. 9 We are happy to make available upon request a questionnaire that can be forwarded to the relevant parties to inquire about the character and adverse findings issues raised in the Form 303-S.
any violations not previously identified by the FCC, a court or other administrative body. If you have any questions about this certification, please contact us.
In November 2019, the Third Circuit vacated and remanded the FCC’s 2016 decision to relax the multiple ownership rules. This means the FCC’s 2016 ownership rules are back in effect – i.e., the newspaper/broadcast cross ownership rule, the radio/television cross-ownership rule, and the local television ownership rule (which prohibits common ownership of two television stations in the same market unless one of the stations is not a top-four rated station and at least eight independent voices would remain in the market post-merger). If a licensee’s current ownership of a station listed on the renewal application does not comply with the reinstated multiple ownership rules (even if such ownership had previously been approved by the FCC), the applicant should answer this certification “No” and provide an explanatory exhibit. Please contact us if you are unsure if any acquisitions made between 2016-2019 may violate the reinstated multiple ownership rules.
Alien Ownership and Control. This certification asks whether the licensee “complies with the provisions of Section 310 of the Communications Act of 1934, as amended, relating to interests of aliens and foreign governments.”
The licensee here must affirm that it complies with the FCC’s foreign ownership rules, which limit alien shareholders from (i) owning or voting more than 20% of capital stock (or equivalent equity) in a licensee or (ii) owning or voting more than a 25% interest in a licensee’s parent company without the FCC’s approval provided in a declaratory ruling. Non-Discriminatory Advertising Sales Agreements. This question asks commercial licensees to certify that their “advertising sales agreements do not discriminate on the basis of race or ethnicity and that all such agreements held by the licensee contain non-discrimination clauses.” Noncommercial licensees should select ‘not applicable.’ The Commission prohibits discriminating on the basis of race or ethnicity in the sale of advertising time. Accordingly, all advertising agreements must contain a non-discrimination clause to this effect. For example, the following language would satisfy this certification: “[Licensee] will not discriminate in any contract for advertising on the basis of race or ethnicity, and all such contracts will be evaluated, accepted, negotiated, and completed without regard to race or ethnicity.” The licensee must have a reasonable basis for making this certification.
Note: Many of the following certifications relate to a station’s public file obligations. We encourage you to carefully review this section, as well as Section IV – Local Public File, prior to answering these certifications.
Biennial Ownership Report. This question asks whether “the station's Biennial Ownership Report (FCC Form 323 or 323-E) has been filed with the Commission, as required.”
You should review your Biennial Ownership Reports to confirm that each was timely filed during the license term as required by the FCC’s rules. Ownership reporting requirements for commercial and noncommercial stations have been in flux in recent years. The following chronologies will help you verify whether your station is compliant.
Commercial Stations: All commercial broadcast licensees were required to file Biennial Ownership Reports on FCC Form 323 by December 1 of odd-numbered years, beginning December 1, 2011, except as noted below. These reports provided data current as of October 1. The deadlines for the past two biennial filings were extended:
• The deadline for the 2017 Biennial Ownership Reports was extended to March 2, 2018.
• The deadline for the 2019 Biennial Ownership Report was likewise extended until January 31, 2020.
Going forward, all commercial broadcast licensees should plan to file Biennial Ownership Reports in LMS by December 1 of odd-numbered years.
Noncommercial Stations: Until 2017, a noncommercial educational station was required to file Biennial Ownership Reports on FCC Form 323-E every two years, on the station’s renewal anniversary date or, with the proper notice to the FCC, on the renewal anniversary date of a commonly owned station.
• In 2017, the FCC temporarily suspended the Biennial Ownership Report requirement such that noncommercial stations with February 1, April 1, June 1, August 1, or October 1, 2017 deadlines were not required to file Form 323-E by those deadlines.
• Instead, the Commission moved noncommercial educational licensees to the same filing schedule as commercial licensees. This meant that noncommercial licensees were required to file 2017 Biennial Ownership Reports by March 2, 2018.
• As with commercial licensees, the deadline for the 2019 Biennial Ownership Report was likewise extended until January 31, 2020.
Going forward, stations should plan to file Biennial Ownership Reports in LMS by December 1 of odd-numbered years.
EEO Program. This question asks the licensee whether:
• “The station's Broadcast EEO Program Report (FCC Form 396), has been filed with the Commission, as required”; and
• “The station has posted its most recent Broadcast EEO Public File Report on the station's website, as required.”
You should refer to Section VI for more information on filing Form 396. Additionally, you may satisfy the second part of this question by providing a link on the station’s website to a copy of the EEO report, or to the EEO report in the station’s online public file.
Local Public File. This question asks the licensee to certify that “the documentation required by 47 C.F.R. Sections 73.3526 or 73.3527, as applicable, has been placed in its station's inspection file at the appropriate times.”
This question requires licensees to confirm that their online public inspection files are complete and that all required documents were timely uploaded by the applicable deadline. Because the local public file is maintained online, FCC staff (and potential petitioners seeking to challenge a station’s renewal) can easily confirm a licensee’s compliance. Accordingly, we encourage you to carefully review your online public inspection file to confirm that everything is in order well in advance of submitting your license renewal application. Section IV below provides additional guidance to assist you in responding to this question.
Violent Programming. This question asks the licensee to certify that “no written comments or suggestions have been received from the public that comment on its station's programming and characterize that programming as constituting violent programming.”
TV licensees must disclose if they have received any written comments or suggestions about violent programming. If your station has received these types of comments, answer “No” and provide an exhibit summarizing the comments.
Children’s Programming Commercial Limitations. Although the title of this certification targets commercial limits, certifications in this section of the form cover several children’s programming obligations. All certifications cover the entire license term (8 years):
• The first certification asks the licensee to certify that “it has complied with the limits on commercial matter.” The limits are no more than 12 minutes of commercial matter per hour during children's programming on weekdays and no more than 10.5 minutes of commercial matter per hour during children's programming on weekends.
o If the station has not complied, answer “No” and provide an exhibit explaining any overages.
• The second certification asks the licensee to certify that “it has filed with the Commission, and incorporated by reference, the Children's Television Programming Reports (FCC Forrn 398).”
o In response to this question, the station should affirm whether it has timely filed all children’s television programming reports by the appropriate deadline. Note that until October 2019, this was a quarterly filing obligation. Beginning in January 2020, this changed to an annual filing obligation. See Section IV below for additional information.
• The third certification asks the licensee to certify that “the average number of hours of CORE Programming per week broadcast by the station totaled 3 hours or more (averaged over a six-month period).”
o In responding to this question, the station must affirm whether it provided an average of 3 hours per week of CORE children’s programming (averaged over a six-month period). Until October 2019, all stations were required to offer at least 3 hours per week of CORE children’s programming on each of its programming streams. New rules took effect in October 2019 that, among other things, adopted alternate methods for a station to comply with the CORE programming requirement and removed the requirement to offer CORE programming on multicast streams. Please contact us if you are unsure if your station is compliant.
• The fourth certification in this section asks whether the station identifies each CORE Program aired at the beginning of the airing of each program using the E/I bug, as required.
• The fifth certification asks whether the licensee “provides information identifying each CORE Program aired on its station, including an indication of the target child audience, to publishers of program guides.”
• The sixth and final certification asks the licensee to certify that “it publicizes the existence and location of the station's Children's Television Programming Reports (FCC Form 398)” by periodically airing announcements about the reports.
o This certification covers only the time period prior to October 2019 as rule changes enacted in October 2019 removed this obligation.
Continued Class A Eligibility. Low power television stations that have been granted Class A status must affirm that they remain eligible to be Class A stations. Accordingly, this question asks such stations to certify that they broadcast (a) a minimum of 18 hours a day, and (b) average at least 3 hours per week of locally produced programming. Class A stations should have affirmed compliance with these requirements by placing a quarterly certification in their online public files.
Discontinued Operations. This question asks the licensee to certify that “during the preceding license term, the station has not been silent for any consecutive 12-month period.”
Commission rules require that a license be automatically forfeited, absent exceptional circumstances, if the station is silent for a consecutive 12-month period. This certification requires that the station affirm it was not silent for this period of time.
Silent Station. This question asks the licensee whether “the station is currently on the air broadcasting programming intended to be received by the public.”
The Commission will only grant a license renewal for a station that is operating. If the station is currently silent, it should answer this question “No”. Once it resumes operations, it should amend the Form 303-S to affirm it is no longer silent.
Environmental Effects. This question asks the licensee to certify that “the specified facility complies with the maximum permissible radio frequency electronic magnetic exposure limits for controlled and uncontrolled environments.”
You should plan ahead, as this certification may require hiring a consulting engineer to assist you with determining whether your station’s operations comply with the FCC’s radiofrequency (RF) limits.
If, in the time period since the FCC last reviewed an RF study for your station, there has not been a material change to your station’s transmission system (e.g., a change that would require submission of an RF study to the Commission) or the surrounding RF environment, or if an evaluation conducted by an engineer using the attached forms demonstrates that you are in compliance, then you may certify “Yes.” You need not include an exhibit demonstrating compliance.
Local TV Ownership Waiver. This question asks the licensee whether it has been granted a ''failing'' or ''marginal'' station waiver of 47 C.F.R. Section 73.3555(b).
If the station was granted a “failing” or “marginal” station waiver, the Form 303-S will prompt the station to provide an exhibit explaining what public interest benefits have been recognized since being acquired pursuant to this waiver.
SECTION IV: ONLINE PUBLIC INSPECTION FILE
As noted above, the license renewal form requires stations to certify whether the material required under the FCC’s public inspection file rule was timely placed in (i.e., uploaded to) the station’s online public inspection file “at the appropriate times.” Licensees who cannot answer “Yes” must provide an explanation. Before making this certification, carefully review your online public inspection file and confirm:
• that the required material is in the online public file, and • that it was uploaded by the relevant deadline.
Some of the material required to appear in the online public inspection file is uploaded automatically by the FCC, such as when the station files its Children’s Television Programming Reports. Additionally, the FCC uploads material such as Biennial Ownership Reports and television contour maps.10
The following material must be manually uploaded by the station:
• Quarterly Issues/Programs Lists;
• Children’s Programming Commercial Limits Certifications;
• Class A Certification (if applicable);
• A list of contracts related to ownership or control of the station (e.g., bylaws, articles of incorporation, network affiliation contracts, certain financing agreements);
• Political file material (e.g., information related to candidate advertisements and issue advertisements);
• Annual EEO Public File Report;
• Materials relating to FCC investigations or complaints;
• Citizen agreements (if any); and
• Time brokerage agreements/joint sales agreements (note: confidential material may be redacted prior to upload).
Also, as discussed above, a full-power station must upload information to its online public inspection file confirming compliance with the FCC’s local public notice requirements for renewal applications.
10 Material that should automatically appear in the online public inspection file includes: a copy of the current FCC authorization to operate the station; applications and related materials; contour maps; ownership reports (biennial/consummation); the station’s Mid-Term EEO Report (FCC Form 397); and a copy of the manual The Public and Broadcasting. Although this material should appear automatically, a station is responsible for ensuring the completeness of its online public inspection file and should therefore check it carefully to confirm all required material is present.
Attachment G is a client memo that addresses the online public inspection file in more detail. Although we encourage you to review your entire online public file for completeness, particular attention should be given to the following materials (discussed further below): The Political File; Quarterly Issues/Programs Lists, Records Concerning Children’s Programming Commercial Limits, Children’s Television Programming Reports, Annual EEO Public File Reports, and Biennial Ownership Reports.11
The Political File
During the course of the current radio renewal file, it has become clear that the FCC is paying particular attention to the completeness of the online political file, and particularly to whether materials have been uploaded timely. This file must include materials for the general and primary elections for the past two (2) years. Section 73.1943 requires that material in the Political File be kept as a “complete and orderly record.” Records must be inserted “as soon as possible,” which the Commission has interpreted to mean within one business day.
Quarterly Issues/Programs Lists
Issues and Programs lists must be prepared quarterly and uploaded to the online public file. 12 These lists should identify the issues of greatest relevance to the community and describe what programming the station offered that was responsive to these issues. The online public file must contain Issues and Program Lists for the current eight (8) year license term.
Records Concerning Commercial Limits
For commercial and Class A broadcast television stations, you must include a certification in the online public file that demonstrates compliance with the children’s programming commercial limits established in Section 73.670 of the Commission’s rules.13 Prior to January 2020, this certification was required to be uploaded to the online public file on a quarterly basis. Beginning in 2020 and going forward, this certification must be uploaded on an annual basis—by January 31 for the prior year.14 The online public file must contain commercial limits records covering the current eight (8) year license term.
11 Attachment H is a useful checklist for materials that should be included in the online public file. 12 Quarterly filings are due ten days after the end of the quarter: January 10, April 10, July 10, October 10. If the 10th day falls on a weekend or holiday, the report is due in the online public file on the next business day. Wiley has a client memo that addresses issues/programs requirements in more detail. If you would like a copy, please contact the Wiley attorney who regularly handles your station matters. 13 Children’s programming refers to programs originally produced for children 12 years or younger. Section 73.670 provides that “[n]o commercial television broadcast station licensee shall air more than 10.5 minutes of commercial matter per hour during children’s programming on weekends, or more than 12 minutes of commercial matter on weekdays.” 47 C.F.R. § 73.670(a). 14 Quarterly filings are due ten days after the end of the quarter: January 10, April 10, July 10, October 10. If the 10th day falls on a weekend or holiday, the report is due in the online public file on the next business day. Annual filings are due on January 31 for the prior year (e.g., the certification for 2020 will be due in the online public file on January 31, 2021).
Children’s Television Programming (“KidVid”) Reports
Prior to October 2019, KidVid reports (“Form 2100, Schedule H”) were filed via LMS on a quarterly basis. Following substantial changes made to the Commission’s children’s programming rules in July 2019, KidVid reports must now be completed on an annual basis. The first annual report, covering the time period September 16, 2019-December 31, 2019 must be filed via LMS by March 30, 2020. Going forward, this report will be due on an annual basis by January 31 for the preceding year (e.g., the 2020 Report will be due by January 31, 2021).
Once submitted, the FCC should automatically make a copy of the filed KidVid Report available in the station’s online public file. The report must identify programs aired by the station that are specifically designed to serve the educational and informational needs of children. The online public file must contain KidVid Reports covering the eight (8) year license term.
Annual EEO Public File Reports
In reviewing your online public inspection file, pay particular attention to the station’s EEO Public File Reports, which are required to be prepared and uploaded to the online public inspection file on an annual basis for each 12-month period beginning on the anniversary of the station’s license renewal filing date. Ensure that an EEO Public File Report has been uploaded for each year of your license term. The FCC has provided no official form for the EEO Public File Report. Rather, the agency simply requires that each “station employment unit” with five or more full-time employees prepare a document that provides specified information about recruitment activity and supplemental “recruitment initiatives” such as participation in job fairs, internships, etc. Attachment J provides a template you can use to create the required annual reports.
If you have any doubt about the completeness of your online public inspection file, you should address the matter as soon as possible so that corrective steps can be taken prior to filing the renewal application.
SECTION V: OTHER BROADCAST STATIONS
Low power television stations and TV translator stations that are co-owned with primary television stations in the same state and that rebroadcast the primary station’s signal may file for license renewal on a single application with the primary station provided the stations are located in the same state or have the same license expiration date. Low power television stations and TV translator stations located in a different state (or with a different license expiration date) than the primary television station that it rebroadcasts must file a separate license renewal application.
To add an associated low power television or TV translator station to a primary station application, input “Yes” for the “Other Broadcast Stations” question in the section following “DTV/Class A Certification.” You will then be prompted to add applicable low power television stations and TV translators.
SECTION VI: PREPARATION AND FILING OF FORM 396
General Information
As a broadcast renewal applicant, you must file a Broadcast Equal Employment Opportunity Program Report (“Form 396”) in conjunction with your license renewal application. The Form 396 must be filed in LMS before the Form 303-S license renewal application because the license renewal application asks for the file number associated with the as-filed Form 396.
Station Employment Unit
In a market where a licensee owns more than one station (whether radio, television, low power television, Class A television, or a combination of these), the FCC requires that recruitment, outreach, and data-reporting activities be conducted on the basis of a collective “station employment unit” (“SEU”). Each station in the SEU should be listed on the Form 396. Although you need file only one Form 396 for all stations in the SEU, you must file a separate Form 303-S license renewal application for each station in the SEU. If your SEU has fewer than five full-time employees, you are exempt from most of the FCC’s EEO recruitment requirements, including the preparation and submission of EEO Public File Reports.
Discrimination Complaints
In the “Program Report Questions” section of the form, a station must report “any pending or resolved complaints filed during this license term … alleging unlawful discrimination in the employment practices” of any station in the SEU. If your station has not been the subject of any such complaints since your last license renewal, answer “No.” Otherwise, answer “Yes” and attach an exhibit briefly describing the nature of any complaint, the court or agency where it was filed (including any file or docket number), the date of the complaint, and the current status of the matter. You must report the resolution of any complaint, whether it was resolved against the station, resolved in favor of the station, or was settled.
If the station has changed hands since the last renewal, the current licensee is generally not responsible for EEO complaints filed against the previous licensee—but if you are aware of such complaints, the FCC staff advises that you should report them and note that they were directed at the prior owner of the station.
Annual EEO Public File Reports
Under the FCC’s EEO rules, every SEU with five or more full-time employees must prepare an EEO Public File Report on an annual basis for each 12-month period beginning on the anniversary of the stations’ license renewal filing date. Stations must attach the SEU’s two most recent “EEO Public File Reports” to the Form 396. For example, a broadcaster who faces a June 1, 2019 renewal filing must attach EEO Public File Reports covering (1) the period from June 1, 2017 through May 31, 2018 and (2) and the period from June 1, 2018 through May 31, 2019. Stations with five or more full-time employees must also provide a narrative exhibit that describes the SEU’s efforts to “achieve broad and inclusive outreach during the two-year period prior to the filing of this application” and “explain” any “difficulties” that you may have experienced with your outreach activities.
Miscellaneous Matters
SEUs with five or more full-time employees must also provide the name and title of the person at the SEU responsible for directly implementing EEO compliance measures at the stations. In most cases, the responsible person will be the station general manager or human resources director.
Please note that the FCC will critically evaluate Form 396 filings and accompanying paperwork, and has sanctioned stations for deficiencies. In addition, FCC staff likely will conduct spot checks of your website(s) to ensure that the required EEO Public File Report is posted.
* * *
If you have any questions regarding the license renewal application or the renewal process, or concerns about your previous FCC filings or record keeping obligations, please contact the Wiley attorney who regularly handles your station matters.
ATTACHMENT A
Television STATION LICENSE RENEWAL DATES (JUNE 2020 THROUGH APRIL 2023)
Note: License Renewal Dates are shown in bold; license expiration dates are shown in (parentheses)
June 1, Aug. 1, Oct. 1, Dec. 1, Feb. 1, Apr. 1, 2020 2020 2020 2020 2021 2021
(10/1/20) (12/1/20) (2/1/21) (4/1/21) (6/1/21) (8/1/21)
6/1/16 8/1/16 10/1/16 12/1/16 2/1/17 4/1/17
DC N. Carolina Florida Alabama Arkansas Indiana Maryland S. Carolina Puerto Rico Georgia Louisiana Kentucky Virginia Virgin Islands Mississippi Tennessee West VA
June 1, Aug. 1. Oct. 1, Dec. 1, Feb. 1, Apr. 1, 2021 2021 2021 2021 2022 2022
(10/1/21) (12/1/21) (2/1/22) (4/1/22) (6/1/22) (8/1/22)
6/1/17 8/1/17 10/1/17 12/1/17 2/1/18 4/1/18
Michigan Illinois Iowa Colorado Kansas Texas Ohio Wisconsin Missouri Minnesota Nebraska Montana Oklahoma N. Dakota S. Dakota
June 1, Aug. 1, Oct. 1, Dec. 1, Feb. 1, Apr. 1, 2022 2022 2022 2022 2023 2023
(10/1/22) (12/1/22) (2/1/23) (4/1/23) (6/1/23) (8/1/23)
6/1/18 8/1/18 10/1/18 12/1/18 2/1/19 4/1/19
Arizona California Alaska Connecticut New Jersey Delaware Idaho Guam Maine New York Penn. Nevada Hawaii Mass. New Mexico Oregon N. Hampshire Utah Samoa Rhode Island Wyoming Washington Vermont
ATTACHMENT B
POST-FILING ANNOUNCEMENT TEXT FOR FULL-POWER TV STATIONS AND CLASS A TV STATIONS
On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION
FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with the Federal
Communications Commission for [TYPE OF APPLICATION]. Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit publicfiles.fcc.gov and search in [STATION CALL SIGN’S] public file.
ATTACHMENT C
POST-FILING ANNOUNCEMENT TEXT FOR LPTV STATIONS ORIGINATING PROGRAMMING
On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION
FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with the Federal
Communications Commission for [TYPE OF APPLICATION]. Members of the public wishing to view this application or obtain information about how to file comments and petitions can visit www.fcc.gov/stationsearch, and search in the list of [STATION CALL SIGN’S] filed applications.
ATTACHMENT D
CERTIFICATION CONCERNING POST-FILING ANNOUNCEMENTS FOR FULL-POWER TV STATIONS, CLASS A TV STATIONS, AND LPTV STATIONS ORIGINATING PROGRAMMING
The undersigned hereby certifies that station ______[call sign, city of license, state], licensed to ______[name of licensee] broadcast:
The required post-filing announcements concerning the filing of its license renewal application, as set forth in the attached text, twice a month for three months on the following dates and times:
Date Time
Licensee: ______
By: ______
Title: ______
NOTE: Executed certificate to be uploaded to the online public inspection file no later than 7 days after last air date set forth above.
ATTACHMENT E
PUBLIC NOTICE TEXT FOR TV TRANSLATORS AND LPTV STATIONS NOT ORIGINATING PROGRAMMING
On [DATE], [APPLICANT NAME], [PERMITTEE / LICENSEE] of [STATION CALL
SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with the Federal Communications Commission for renewal of its broadcast license. Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit [INSERT HYPERLINK TO APPLICATION LINK IN
APPLICANT’S ONLINE PUBLIC INSPECTION FILE (OPIF) OR, IF THE STATION HAS NO
OPIF, TO APPLICATION LOCATION IN THE MEDIA BUREAU’S LICENSING AND
MANAGEMENT SYSTEM].
ATTACHMENT F
FCC FORM 2100/SCHEDULE 303-S (WITH INSTRUCTIONS)
Federal Communications Commission Washington, DC 20554 OMB Control No. 3060-0110 Estimated Time per Response – 1.25 to 12 hours
INSTRUCTIONS - FORM 2100, SCHEDULE 303-S – RENEWAL OF BROADCAST STATION LICENSE
The following Instructions track the Renewal of Television Broadcast Station License Applications in LMS:
GENERAL INSTRUCTIONS
Introduction. Form 2100, Schedule 303-S (Schedule 303-S) is used to apply for renewal of license of a commercial or noncommercial educational AM, FM, TV, Class A TV, FM translator, TV translator, Low Power TV or Low Power FM broadcast station. It is also used in seeking the joint renewal of licenses for an FM or TV translator station and its co-owned primary AM, FM, TV or LPTV station.
FCC Rules. Schedule 303-S and these instructions make many references to the FCC’s rules. Applicants should have on hand and be familiar with current broadcast rules in Title 47 of the Code of Federal Regulations (CFR):
(1) Part 0 “Commission Organization” (2) Part 1 “Practice and Procedure” (3) Part 17 “Construction, Marking, and Lighting of Antenna Structures” (4) Part 73 “Radio Broadcast Services” (5) Part 74 “Experimental Radio, Auxiliary, Special Broadcast, and Other Program Distributional Services”
FCC Rules may be purchased from the Government Publishing Office. Current prices and purchasing information may be obtained from the GPO Bookstore Website at https://bookstore.gpo.gov/. An up-to-date electronic version of Title 47 of the CFR may be accessed at https://www.ecfr.gov/cgi-bin/text- idx?tpl=/ecfrbrowse/Title47/47tab 02.tpl.
Electronic Filing of Applications. Electronic filing of Schedule 303-S is mandatory. See https://enterpriseefiling.fcc.gov/dataentry/login.html. Similarly, any amendment to a pending Schedule 303-S must be filed electronically. The amendment should contain the following information to identify the associated application:
(1) Applicant’s name (2) Facility ID# (3) Call letters or specify “NEW” station (4) Channel number (5) Station location (6) File number of application being amended (if known) (7) Date of filing of application being amended (if file number is not known)
Applicants should follow the procedures set forth in Parts 0, 1, 73, and 74 of the Commission’s Rules.
A copy of the completed application and all related documents shall be made available for inspection by the public in the station's public inspection file, pursuant to the requirements of 47 CFR § 73.3526(b).
All previous editions obsolete. Form 2100, Schedule 303-S Instructions
Applicants should provide all information requested by this application. No section may be omitted. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be dismissed. Inadvertently accepted applications are also subject to dismissal.
In accordance with 47 CFR § 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court.
This application requires applicants to certify compliance with many statutory and regulatory requirements. Detailed instructions and worksheets provide additional information regarding Commission rules and policies. These materials are designed to track the standards and criteria that the Commission applies to determine compliance and to increase the reliability of applicant certifications. They are not intended to be a substitute for familiarity with the Communications Act and the Commission's regulations, policies, and precedent. While applicants are required to review all application instructions, they are not required to complete or retain any documentation created or collected to complete this application.
This application is presented primarily in a “Yes/No” certification format. Certain responses will require an explanatory attachment. Where an attachment is required, a yellow notice box will open with an appropriate notification, such as “Please upload the required information which includes an attachment explaining the circumstances.” The notification will include a hyperlink (in this example, the word “upload”). Clicking on the hyperlink will take you to the Attachments page. From the Attachments page, you can designate an attachment type from the pull-down menu, select the appropriate file to upload (in .pdf, .doc, .txt, or .xls format), and upload the file to attach it to your application.
Each certification constitutes a material representation. Applicants may only mark the “Yes” certification when they are certain that the response is correct. A “No” response is required if the applicant is requesting a waiver of a pertinent rule and/or policy, or where the applicant is uncertain that the application fully satisfies the pertinent rule and/or policy. Thus, a “No” response to any of the certification items will not cause the immediate dismissal of the application provided that an appropriate explanatory attachment is submitted.
License Term. Except as specifically noted to the contrary in Schedule 303-S or these instructions, each certification covers the entire license term, even if there was a transfer of control. However, if the station license was assigned during the subject license term pursuant to a “long-form” application on FCC Form 314 or 315 (or any successor application forms that the Commission releases), the renewal applicant’s certifications should cover only the period during which the renewal applicant held the station’s license.
The applicant must electronically sign the application. The signature will consist of the electronic equivalent of the typed name of the individual submitting the application as the applicant or applicant’s authorized representative. Depending on the nature of the applicant, the application should be signed as follows: if a sole proprietorship, personally; if a partnership, by a general partner; if a corporation, by an officer; for an unincorporated association, by a member who is an officer; if a governmental entity, by such duly elected or appointed official as is competent under the laws of the particular jurisdiction. Counsel may sign the application for his or her client, but only in cases of the applicant’s disability or absence from the United States. In such cases, counsel must separately set forth why the application is not signed by the client. In addition, as to any matter stated on the basis of belief instead of personal knowledge, counsel shall separately set forth the reasons for believing that such statements are true. See 47 CFR § 73.3513. The electronic signature will consist of the electronic equivalent of the typed name of the individual. See Report and Order in MM Docket No. 98-43, 13 FCC Rcd 23056, 23064 (1998), para. 17.
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Parties to the Application. Except as specifically indicated below, as used in this application, the term “party to the application” includes any individual or entity whose ownership or positional interest in the applicant is attributable. An attributable interest is an ownership interest in or relation to an applicant or licensee which will confer on its holder that degree of influence or control over the applicant or licensee sufficient to implicate the Commission's multiple ownership rules. Applicants should review the Commission's multiple ownership attribution policies and standards, which are set forth in the Notes to 47 CFR § 73.3555.
Equity/Debt Plus Attribution Standard. Certain interests held by substantial investors in, or creditors of, the applicant may also be attributable and the investor reportable as a party to the application, if the interest falls within the Commission's equity/debt plus (EDP) attribution standard. Under the EDP standard, the interest held is attributable if, aggregating both equity and debt, it exceeds 33 percent of the total asset value (all equity plus all debt) of the applicant – a broadcast station licensee, cable television system, daily newspaper or other media outlet subject to the Commission’s broadcast multiple ownership or cross-ownership rules – and the interest holder also holds (1) an attributable interest in a media outlet in the same market, or (2) supplies over 15 percent of the total weekly broadcast programming hours of the station in which the interest is held. For example, the equity interest of an insulated limited partner in a limited partnership applicant would normally not be considered attributable, but under the EDP standard, that interest would be attributable if the limited partner’s interest exceeded 33 percent of the applicant’s total asset value, and the limited partner also held a 5 percent voting interest in a radio or television station licensee in the same market.
The interest holder may, however, exceed the 33 percent threshold without triggering attribution where such investment would enable an eligible entity to acquire a broadcast station provided that: (1) the combined equity and debt of the interest holder in the eligible entity is less than 50 percent, or (2) the total debt of the interest holder in the eligible entity does not exceed 80 percent of the asset value of the station being acquired by the eligible entity and the interest holder does not hold any equity interest, option, or promise to acquire an equity interest in the eligible entity or any related entity. See Promoting Diversification of Ownership in the Broadcasting Services, 23 FCC Rcd 5922, 5936, para. 31 (2008); 2014 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, Second Report and Order, 31 FCC Rcd 9864, 9976-84, paras. 271-86 (2016) (2014 Quadrennial Review Order).
Eligible Entity. The Commission defines an “eligible entity” as any entity that qualifies as a small business under the Small Business Administration’s size standards for its industry grouping, as set forth in 13 CFR §§ 121-201, at the time the transaction is approved by the FCC, and holds: (1) 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet; or (2) 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or (3) more than 50 percent of the voting power of the corporation that will own the media outlet if such corporation is a publicly traded company.
Additionally, “parties to the application” include the following with respect to each of the listed applicant entities:
INDIVIDUAL APPLICANT: The natural person seeking to hold in his or her own right the authorization specified in this application.
PARTNERSHIP APPLICANT: Each partner, including all limited partners. However, a limited partner in a limited partnership is not considered a party to the application if the limited partner is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership. Sufficient
3 insulation of a limited partner for purposes of this certification would be assured if the limited partnership arrangement:
(1) specifies that any exempt limited partner (if not a natural person, its directors, officers, partners, etc.) cannot act as an employee of the limited partnership if his or her functions, directly or indirectly, relate to the media enterprises of the company;
(2) bars any exempt limited partner from serving, in any material capacity, as an independent contractor or agent with respect to the partnership's media enterprises;
(3) restricts any exempted limited partner from communicating with the licensee or the general partner on matters pertaining to the day-to-day operations of its business;
(4) empowers the general partner to veto any admissions of additional general partners admitted by vote of the exempt limited partners;
(5) prohibits any exempt limited partner from voting on the removal of a general partner or limits this right to situations where the general partner is subject to bankruptcy proceedings, as described in sections 402 (4)- (5) of the Revised Uniform Limited Partnership Act, is adjudicated incompetent by a court of competent jurisdiction, or is removed for cause, as determined by an independent party;
(6) bars any exempt limited partner from performing any services to the limited partnership materially relating to its media activities, with the exception of making loans to, or acting as a surety for, the business; and
(7) states, in express terms, that any exempt limited partner is prohibited from becoming actively involved in the management or operation of the media businesses of the partnership.
Notwithstanding conformance of the partnership agreement to these criteria, however, the requisite certification cannot be made if the limited partner’s interest is attributable under the Commission’s EDP attribution standard described above; or if the applicant has actual knowledge of a material involvement of a limited partner in the management or operation of the media-related businesses of the partnership. In the event that the applicant cannot certify as to the noninvolvement of a limited partner, the limited partner will be considered as a party to this application.
LIMITED LIABILITY COMPANY APPLICANT: The Commission treats an LLC as a limited partnership, each of whose members is considered to be a party to the application. However, where an LLC member is insulated in the manner specified above with respect to a limited partnership and where the relevant state statute authorizing the LLC permits an LLC member to insulate itself in accordance with the Commission’s criteria, that LLC member is not considered a party to the application. In such a case, the applicant should certify “Yes” in response to the non-attributable interest question.
CORPORATE APPLICANT: Each officer, director, and owner of stock accounting for 5 percent or more of the issued and outstanding voting stock of the applicant is considered a party to the applicant. Where the 5 percent stock owner is itself a corporation, each of its stockholders, directors, and “executive” officers (president, vice-president, secretary, treasurer, or their equivalents) is considered a party to this application unless the applicant submits as an exhibit a statement establishing that an individual director or officer will not exercise authority or influence in areas that will affect the applicant or the station. In this statement, the applicant should identify the individual by name and title, describe the individual’s duties and responsibilities, and explain the manner in which such individual is insulated from the corporate applicant and should not be attributed an interest
4 in the corporate applicant or considered a party to this application. In addition, a person or entity holding an ownership interest in the corporate stockholder of the applicant is considered a party to this application only if that interest, when multiplied by the corporate stockholder’s interest in the applicant, would account for 5 percent or more of the issued and outstanding voting stock of the applicant. For example, where Corporation X owns stock accounting for 25 percent of the applicant’s votes, only Corporation X shareholders holding 20 percent or more of the issued and outstanding voting stock of Corporation X have a 5 percent or more indirect interest in the applicant (.25 x .20 = .05) and, therefore, are considered parties to this application. In applying the multiplier in this context, any entity holding more than 50 percent of its subsidiary will be considered a 100 percent owner. Where the 5 percent stock owner is a partnership, each general partner and any limited partner that is non-insulated, regardless of the partnership interest, is considered a party to the application.
Stock subject to stockholder cooperative voting agreements accounting for 50 percent or more of the votes in a corporate applicant will be treated as if held by a single entity and any stockholder holding 5 percent or more of the stock in that block is considered a party to this application.
An investment company, insurance company or trust department of a bank is not considered a party to this application, and an applicant may properly certify that such entity’s interest is non-attributable, if its aggregated holding accounts for less than 20 percent of the outstanding votes in the applicant and if:
(1) such entity exercises no influence or control over the corporation, directly or indirectly; and
(2) such entity has no representatives among the officers and directors of the corporation.
ANY OTHER APPLICANT: Each executive officer, member of the governing board and owner or holder of 5 percent or more of the votes in the applicant is considered a party to the applicant.
GENERAL INFORMATION
Application Description: In the space provided, give a brief (255 characters or fewer) description of the application. This is to assist you in identifying this discrete application and will be displayed only in your LMS Application workspace. It will not be made a part of your application or be displayed to others.
Attachments: Indicate by clicking “Yes” or “No” whether the application includes attachments other than required attachments. Required attachments are those that must be filed in response to application questions and may only be required if certain answers are given.
FEES, WAIVERS, AND EXEMPTIONS
Fees: The Commission is statutorily required to collect charges for certain regulatory services to the public. Generally, applicants seeking to renew the license for a commercial AM, FM, TV, Class A TV, FM translator, TV translator or Low Power TV station are required to submit a fee with the filing of Schedule 303-S. Government entities, however, are exempt from this fee requirement. Exempt entities include possessions, states, cities, counties, towns, villages, municipal organizations, and political organizations, or subparts thereof, governed by elected or appointed officials exercising sovereign direction over communities or governmental programs. Also exempted from this fee are licensees of full-service noncommercial educational radio and TV broadcast stations, and Low Power FM stations, provided that the proposed facility will be operated noncommercially. (This includes licensees of noncommercial educational FM and full service TV broadcast stations seeking renewal of the licenses for their translator or low power TV stations, provided those stations operate on a noncommercial educational basis.) Low Power TV or TV Translator stations that rebroadcast the programming of a primary noncommercial educational station, but are not co-owned by the licensee of such a station, are required to file
5 fees. Renewal applications that earlier obtained either a fee refund because of an NTIA facilities grant for the stations or a fee waiver because of demonstrated compliance with the eligibility and service requirements of 47 CFR § 73.503 or § 73.621, and that continue to operate those stations on a noncommercial basis, are similarly exempted from this fee. See 47 CFR § 1.1116.
When filing a fee-exempt application, an applicant must select “Yes” to the question asking if the applicant is exempt from FCC application fees. If selecting “Yes,” explain in the text box the reason for the fee exemption. Select “Yes” or “No” to the question asking whether the applicant is exempt from payment of FCC annual regulatory fees, as appropriate.
The Application Fee Filing Guide for Media Bureau, obtainable at https://www.fcc.gov/document/media-bureau- application-fee-filing-guide-1, contains a list of the required fees and Fee Type Codes needed to complete this application. The Commission’s fee collection program utilizes a U.S. Treasury lockbox bank for maximum efficiency of collection and processing.
Payment of any required fee must be made by check, bank draft, money order, credit card, or wire transfer. If payment is made by check, bank draft, money order, or wire transfer, the remittance must be denominated in U.S. dollars, drawn upon a U.S. financial institution, and made payable to the Federal Communications Commission. No postdated, altered, or third-party checks will be accepted. DO NOT SEND CASH. Additionally, checks dated six months or older will not be accepted.
FCC Form 159, dated February 2003, must be submitted with any application subject to a fee received at the Commission. All previous editions of this form are obsolete. Failure to use this version of the form or to submit all requested information may delay the processing of the application.
For further information regarding the applicability of a fee, the fee code, the amount of the fee, or the payment of the fee, applicants should consult the “Application Fee Filing Guide for Media Bureau,” which may be accessed at https://www.fcc.gov/document/media-bureau-application-fee-filing-guide-1 .
Waivers: If any waiver of the Commission’s rules is requested at any part of the application, select “Yes” to this question. If selecting “Yes,” complete the box that opens by stating the number of rule sections for which you request waiver. You must then submit an attachment setting forth the waiver(s) sought and the legal justification for waiver, by clicking the “upload” hyperlink in the notification box that opens, and selecting and uploading the explanatory attachment.
APPLICANT INFORMATION
Applicant Name and Type: Select the Applicant Type (e.g., Individual, Unincorporated Association, Trust, Government Entity, etc.) from the drop-down menu. In the box below the drop-down menu, enter the exact legal name of the applicant or applicant entity. The name of the applicant must be stated exactly in this item. If the applicant is a corporation, the applicant should list the exact corporate name; if a partnership, the name under which the partnership does business; if an unincorporated association, the name of an executive officer, his/her office, and the name of the association; and, if an individual applicant, the person’s full legal name.
Applicant Contact Information: Enter the applicant’s postal address, telephone number, and email address in the spaces provided. Select the applicant’s Country and State from the drop-down menus.
CONTACT REPRESENTATIVES
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If the applicant is represented by a third party (such as, for example, legal counsel), that person’s name, firm or company, and telephone/email address may be specified as the Contact Representative. Otherwise, a party to the application or another person associated with the applicant may be designated as Contact Representative. This is the person with whom the Commission will communicate regarding the application. At least one Contact Representative must be designated. To add a Contact Representative, click the “Add Contact” button at the top right of the screen.
Contact Type: Select the button that best describes the contact type, whether Legal Representative (e.g., attorney), Technical Representative (e.g., engineer), or Other.
Contact Name: Enter the name of the Contact Representative. If the Contact Representative is the same as the applicant, you can pre-fill the Contact Name and Contact Information fields with the applicant information previously provided, by clicking the “Pre-fill From Applicant Details” button.
Contact Information: Enter the Contact Representative’s postal address, telephone number, and email address in the spaces provided. If the representative works for a firm or company, enter that name in the Company Name space. Select the Contact Representative’s Country and State from the drop-down menus.
If you have more than one Contact Representative, click the “Save & Add Another” button at the bottom of the screen and complete for the next Contact Representative. When you are finished, click “Save & Continue.” You will be displayed a summary screen listing your Contact Representative(s). From this screen you may delete a Contact Representative or edit the information provided. If you have no further Contact Representative information to add or edit, click “Save & Continue.”
RENEWAL CERTIFICATIONS
Character Issues/Adverse Findings: The Character Issues question requires the applicant to certify that neither it nor any party to the application has had any interest in or connection with an application that was or is the subject of unresolved character issues. An applicant must disclose in response to the Adverse Findings question whether the applicant or any party to the application has been the subject of a final adverse finding with respect to certain relevant non-broadcast matters. The Commission’s character policies and litigation reporting requirements for broadcast applicants focus on misconduct that violates the Communications Act or a Commission rule or policy, and on certain specified non-FCC misconduct. In responding to these questions, applicants should review the Commission’s character qualifications policies, which are fully set forth in Character Qualifications, 102 FCC 2d 1179 (1985), reconsideration denied, 1 FCC Rcd 421 (1986), as modified, 5 FCC Rcd 3252 (1990) and 7 FCC Rcd 6564 (1992).
Note: As used in these questions, the term “party to the application” includes any individual or entity whose ownership or positional interest in the applicant is attributable. An attributable interest is an ownership interest in or relation to an applicant or licensee which will confer on its holder that degree of influence or control over the applicant or licensee sufficient to implicate the Commission’s multiple ownership rules. See Report and Order in MM Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration granted in part, 58 RR 2d 604 (1985), further modified on reconsideration, 61 RR 2d 739 (1986).
Character Issues: Where the response to either of the Character Issues questions is “No,” the applicant must submit an attachment that includes an identification of the party having had the interest, the call letters and location of the station or file number of the application or docket, and a description of the nature of the interest or connection, including relevant dates. The applicant should also fully explain why the unresolved character issue is not an impediment to a grant of this application.
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Adverse Findings: In responding to the Adverse Findings question, the applicant should consider any relevant adverse finding. Where that adverse finding was fully disclosed to the Commission in an application filed on behalf of this station or in another broadcast station application and the Commission, by specific ruling or by subsequent grant of the application, found the adverse finding not to be disqualifying, it need not be reported again and the applicant may respond “Yes” to this item. However, an adverse finding that has not been reported to the Commission and considered in connection with a prior application would require a “No” response.
Where the response to the Adverse Findings question is “No,” the applicant must provide in an attachment a full disclosure of the persons and matters involved, including an identification of the court or administrative body and the proceeding (by dates and file numbers), and the disposition of the litigation. Where the requisite information has been earlier disclosed in connection with another pending application, or as required by 47 CFR § 1.65(c), the applicant need only provide an identification of that previous submission by reference to the file number in the case of an application, the call letters of the station regarding which the application or section 1.65 information was filed, and the date of filing. The applicant should also fully explain why the adverse finding is not an impediment to a grant of this application.
FCC Violations During the Preceding License Term. Section 309(k) of the Communications Act of 1934, as amended, 47 U.S.C. § 309(k), states that the Commission shall grant a license renewal application if it finds, with respect to that station, during the preceding license term, that: (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations by the licensee of the Communications Act or the Commission’s Rules; and (3) there have been no other violations of the Act or the Commission’s Rules, which, taken together, would constitute a pattern of abuse. This question asks the applicant to certify that, with respect to the station for which a renewal application is being submitted, there were no violations of the Communications Act or of the Commission’s Rules. If the renewal applicant has violated the Act or the Rules, it must respond “No” and submit an explanatory exhibit detailing the number and nature of the violations and any adjudication by the Commission (Notice of Violation, Forfeiture Order, etc.).
For purposes of this license renewal application only, an applicant is required to disclose only violations of the Communications Act of 1934, as amended, or the Rules of the Commission that occurred at the subject station during the license term, as preliminarily or finally determined by the Commission, staff, or a court of competent jurisdiction. This includes Notices of Violation, Notices of Apparent Liability, Forfeiture Orders, and other specific findings of Act or Rule violations. It does not include “violations” identified by the station itself or in conjunction with the station’s participation in an Alternative Broadcast Inspection Program. In responding to this item, licensees should not submit any information concerning self-discovered or other “violations” that have not been identified by the Commission, staff, or court. Licensees are advised that the Commission may also consider other violations by the station that come to its attention, including as a result of other disclosures in this application, in determining whether to grant this license renewal application.
Ownership. All applicants must certify compliance with 47 CFR § 73.3555 with the exception of the following classes of stations: Class A television, low power television, TV translators, low power FM (see 47 CFR § 73.860), and noncommercial educational FM and TV stations. For such classes of stations, the applicant should select the “not applicable” option. All other classes of stations must provide a yes/no answer.
On November 20, 2019, the United States Court of Appeals for the Third Circuit vacated and remanded in its entirety the Commission’s 2010/2014 Quadrennial Review Order on Reconsideration. Prometheus Radio Project v. FCC, 939 F.3d 567 (3d Cir. 2019), petition for rehearing en banc denied (3d Cir. Nov. 20, 2019) (Prometheus); 2014 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996 et al., Order on Reconsideration and Notice of Proposed Rulemaking, 32 FCC Rcd 9802 (2017) (2010/2014 Quadrennial Review Order on Reconsideration). By vacating the 2010/2014 Quadrennial Review Order on Reconsideration,
8 the Prometheus decision reinstates the 2016 media ownership rules as they existed prior to the 2010/2014 Quadrennial Review Order on Reconsideration. See 2010/2014 Quadrennial Review Order, Second Report and Order, 31 FCC Rcd 9864 (2016); see also 2014 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996 et al., Order, DA 19-1303 (Dec. 20, 2019) (2019 Order). The following rules are currently in effect:
Local radio ownership rule. Commission regulations provide that one entity may own no more than eight commercial radio stations in a market with 45 or more stations, with no more than five commercial stations operating in the same AM or FM service; or seven commercial stations in markets with 30-44 stations, with no more than four commercial stations operating in the same AM or FM service; or six commercial stations in markets with 15-29 stations, with no more than four commercial stations operating in the same AM or FM service; or five commercial stations in markets with 14 or fewer stations, with no more than three commercial stations operating in the same AM or FM service.
Local television multiple ownership rule. Commission regulations provide that one entity may own two television stations in the same Designated Market Area (DMA) if: (1) the digital noise limited service contours of the stations do not overlap; or (2) at the time the application to acquire or construct the station is filed, at least one of the stations is not ranked among the top four stations in the DMA, and at least eight independently owned and operating, full-power commercial and noncommercial TV stations would remain in the post-merger DMA.
Radio/television cross-ownership rule. Commission regulations provide that the rule applies when: (1) the predicted or measured 1 mV/m contour of an existing or proposed FM station (computed in accordance with § 73.313) encompasses the entire community of license of an existing or proposed commonly owned TV broadcast station(s), or the principal community contour(s) of the TV broadcast station(s) (computed in accordance with § 73.625) encompasses the entire community of license of the FM station; or (2) the predicted or measured 2 mV/m groundwave contour of an existing or proposed AM station (computed in accordance with § 73.183 or § 73.186), encompasses the entire community of license of an existing or proposed commonly owned TV broadcast station(s), or the principal community contour(s) of the TV broadcast station(s) (computed in accordance with § 73.625) encompass(es) the entire community of license of the AM station.
If the rule is triggered, an entity may directly or indirectly own, operate, or control up to two commercial TV stations (if also permitted by the local television multiple ownership rule) and one commercial radio station. To the extent permitted by the local television and local radio multiple ownership rules, an entity may exceed these limits as follows:
(i) If at least 20 independently owned media voices would remain in the market post-merger, an entity may directly or indirectly own, operate, or control up to: (A) two commercial TV and six commercial radio stations; or (B) one commercial TV and seven commercial radio stations. (ii) If at least 10 independently owned media voices would remain in the market post-merger, an entity may directly or indirectly own, operate, or control up to two commercial TV and four commercial radio stations.
For purposes of this rule, independently owned media voices consist of television and radio stations, cable systems, and daily newspapers, as articulated in section 73.3555(c).
Newspaper/broadcast cross-ownership rule. No party (including all parties under common control) may directly or indirectly own, operate, or control a daily newspaper and a full-power commercial broadcast station (AM, FM, or TV) if: (i) the predicted or measured 2 mV/m groundwave contour of the AM station (computed in accordance with § 73.183 or § 73.186) encompasses the entire community in which the newspaper is published
9 and, in areas designated as Nielsen Audio Metro markets, the AM station and the community of publication of the newspaper are located in the same Nielsen Audio Metro market; (ii) the predicted or measured 1 mV/m contour of the FM station (computed in accordance with § 73.313) encompasses the entire community in which the newspaper is published and, in areas designated as Nielsen Audio Metro markets, the FM station and the community of publication of the newspaper are located in the same Nielsen Audio Metro market; or (iii) the principal community contour of the TV station (computed in accordance with § 73.625) encompasses the entire community in which the newspaper is published, and the community of license of the TV station and the community of publication of the newspaper are located in the same DMA.
Note: The prohibition regarding a party’s direct or indirect ownership, operation, or control of a daily newspaper and a full-power broadcast station does not apply where either the newspaper or television station is found to be failed or failing consistent with the Commission’s rules.
National television multiple ownership rule. No license for a commercial television broadcast station shall be granted, transferred, or assigned to any party (including all parties under common control) if the grant, transfer, or assignment of such license would result in such party or any of its stockholders, partners, members, officers, or directors having a cognizable interest in television stations that have an aggregate national audience reach exceeding thirty-nine (39) percent. If the thirty-nine (39) percent national audience reach limitation for television stations is exceeded through grant, transfer, or assignment of an additional license for a commercial television broadcast station, the person or entity exceeding the limitation shall have not more than two years after exceeding such limitation to come into compliance with such limitation. This divesture requirement shall not apply to persons or entities that exceed the 39 percent national audience reach limitation through population growth. See 47 CFR § 73.3555 for a further explanation of “national audience share.”
Time Brokerage Agreement. A “time brokerage agreement” (also known as a “local marketing agreement”) is the sale by a licensee of discrete blocks of time to a “broker” that supplies the programming to fill that time and sells the commercial spot announcements in it. Where two stations (either both radio or both television, respectively) are both located in the same market (as defined in local radio and television ownership rule), and a party (including all parties under common control) with a cognizable interest in one such station brokers more than 15 percent of the broadcast time per week of the other such station, that party shall be treated as if it has an interest in the brokered station subject to the aforementioned limitations. These limitations shall apply regardless of the source of the brokered programming supplied by the party to the brokered station. Every time brokerage agreement of the type described above shall be undertaken only pursuant to a signed written agreement that shall contain a certification by the licensee or permittee of the brokered station verifying that it maintains ultimate control over the station's facilities.
Joint Sales Agreement. A “joint sales agreement” is an agreement with a licensee of a “brokered station” that authorizes a “broker” to sell advertising time for the “brokered station.” Where two radio stations, or two television stations, are both located in the same market, as defined for purposes of the local radio ownership rule or local television rule, respectively, and a party (including all parties under common control) with a cognizable interest in one such station sells more than 15 percent of the advertising time per week of the other such station, that party shall be treated as if it has an attributable interest in the brokered station for purposes of the Commission’s ownership rules. Additionally, every joint sales agreement shall be undertaken only pursuant to a signed written agreement that shall contain a certification by the licensee or permittee of the brokered station verifying that it maintains ultimate control over the station’s facilities, including, specifically, control over station finances, personnel, and programming, and by the brokering station that the agreement complies with the limitations set forth in the local radio or local television ownership rule, as applicable.
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Note: If the Commission has granted the applicant a waiver of, or exception to, the aforementioned ownership rules, then the applicant should certify “Yes” and include an attachment evidencing the Commission’s granting of the waiver.
Alien Ownership and Control. All applications must comply with section 310 of the Communications Act, as amended. Specifically, section 310 proscribes issuance of a construction permit or station license to an alien, a representative of an alien, a foreign government or representative thereof, or a corporation organized under the laws of a foreign government. This proscription also applies with respect to any entity of which more than 20 percent of the capital stock is owned or voted by aliens, their representatives, a foreign government or its representative, or an entity organized under the laws of a foreign country. The Commission may also deny a construction permit or station license to a licensee directly or indirectly controlled by another entity of which more than 25 percent of the capital stock is owned or voted by aliens, their representatives, a foreign government or its representative, or another entity organized under the laws of a foreign country. Any such applicant seeking Commission consent to exceed this 25 percent benchmark in section 310(b)(4) of the Act must do so by filing a petition for declaratory ruling pursuant to 47 CFR §§ 1.5000-04. For more detailed information on identifying and calculating foreign interests, see Review of Foreign Ownership Policies for Broadcast, Common Carrier and Aeronautical Radio Licensees Under Section 310(b)(4) of the Communications Act of 1934, as Amended, 31 FCC Rcd 11272, paras. 44-77 (2016).
Non-Discriminatory Advertising Sales Agreements. Applicants for renewal of commercial stations are required to complete the certification that their advertising agreements do not discriminate on the basis of race or ethnicity and that all such agreements contain nondiscrimination clauses. See Promoting Diversification of Ownership in the Broadcasting Services, 23 FCC Rcd 5922, 5941-42, para. 50 (2008); see also Third Erratum, 75 FR 27199 (May 14, 2010). Prohibited discriminatory practices include “no urban/no Spanish” dictates. Broadcasters must have a reasonable basis for making this certification. If the response to this certification is “No,” the applicant must attach an exhibit explaining the persons and matters involved and why the matter is not an impediment to a grant of this application. Applicants for renewal of noncommercial stations should answer “not applicable.”
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FULL POWER TV/CLASS A TV CERTIFICATIONS:
Biennial Ownership Report. This question asks the renewal applicant to certify that it has filed with the Commission the biennial ownership reports required by 47 CFR § 73.3615. Each licensee of a commercial Full Power TV or Class A TV broadcast station shall file an Ownership Report on FCC Form 323 (commercial) every two years. The Ownership Report must be filed by December 1 in all odd-numbered years. See 47 CFR § 73.3615(a). Each licensee of a noncommercial educational full power TV broadcast station shall file an Ownership Report on FCC Form 323-E (noncommercial) every two years. The Ownership Report must be filed by December 1 in all odd-numbered years. See 47 CFR § 73.3615(d).
EEO Program. Each licensee of a Full Power TV or Class A TV broadcast station is required to afford equal employment opportunity to all qualified persons and to refrain from discrimination in employment and related benefits on the basis of race, color, religion, national origin, or sex. See 47 CFR § 73.2080. All Full Power TV and Class A TV broadcast stations must file Form 2100, Schedule 396 – Broadcast EEO Program Report, with their license renewal applications. Pursuant to these rule requirements, a license renewal applicant who employs five or more full time employees in its station employment unit must maintain an EEO recruitment program in addition to ensuring that equal employment opportunity is afforded to all full-time applicants and employees without discrimination. An “employment unit” is a station, or a group of commonly owned stations, in the same market that share at least one employee. If an applicant employs fewer than five full-time employees in its station employment unit as of the date of filing Schedule 396, it does not need to maintain an EEO recruitment program but still must refrain from discrimination in its hiring and employment practices. An applicant employing fewer than five full-time employees in its station employment unit need only respond “Yes” to the station employment unit question under “Full-time Employees,” complete the Certification of Schedule 396, and must then file Schedule 396 with the renewal application.
The licensee must first certify that the Broadcast EEO Program Report (Form 2100, Schedule 396) has been filed with the Commission, pursuant to 47 CFR § 73.2080(f)(1). Schedule 396 must be filed before Schedule 303-S; when Schedule 396 is filed, you will receive a File Number for that Schedule from LMS. When certifying “Yes” to this item, enter the Schedule 396 File Number in the text box that appears below the item.
Additionally, for employment units employing five or more full-time employees, each licensee must place in the station’s public inspection file annually, and post on the station’s website, a Broadcast EEO Public File Report containing: (1) a list of all full-time vacancies filled during the preceding year, identified by job title; (2) for each such vacancy, the recruitment source(s) utilized to fill the vacancy, (including, if applicable, organizations entitled to notification pursuant to Section 73.2080(c)(1)(ii), which should be separately identified), identified by name, address, contact person, and telephone number; (3) the recruitment source that referred the hiree for each full-time vacancy during the preceding year; (4) data reflecting the total number of persons interviewed for full-time vacancies during the preceding year and the total number of interviewees referred by each recruitment source utilized in connection with such vacancies; and (5) a list and brief description of initiatives undertaken pursuant to section 73.2080(c)(2) during the preceding year. Certify that the Broadcast EEO Public File Report has been posted on the station’s website by selecting “Yes” to this question.
Online Public Inspection File. Commercial and noncommercial educational Full Power TV and Class A TV licensees must upload certain documents pertaining to each station in an online public inspection file hosted by the FCC at https://publicfiles.fcc.gov. The documents to be maintained generally include applications for a construction permit and for license renewal, assignment or transfer of control; ownership and employment reports; quarterly lists of the community issues most significantly addressed by the station’s programming during the preceding three months; and the station’s political file as specified in 47 CFR § 73.1943. A complete listing of the required documents and their mandatory retention periods is set forth in 47 CFR §§ 73.3526 and 73.3527. Applicants that have not so maintained their file should provide an exhibit identifying the items that
12 are missing/late filed, and list the steps taken to reconstruct missing information, as well as the procedures adopted to prevent such problems in the future.
Children’s Programming Commercial Limitations. Commercial TV and Class A commercial television licensees must limit the amount of “commercial matter” in “children’s programming,” which is defined for this purpose as programming originally produced and broadcast primarily for an audience of children 12 years of age and under. See 47 CFR § 73.670, Notes 1 and 2. The children’s programming commercial limitations restrict licensees from airing more than 12 minutes of commercial matter per hour on weekdays during children’s programs, and no more than 10.5 minutes of commercials on weekends during children’s programs. The limits also apply pro rata to children’s programs which are 5 minutes or more and which are not part of a longer block of children’s programming. There are no restrictions on how commercials within the limits are configured within an hour’s block of children’s programming, i.e., it is not necessary to prorate the commercial limits for separate children’s programs within the hour. See 47 CFR § 73.670(a). The commercial limit rules also place restrictions on the placement of website addresses during and adjacent to children’s programming. See 47 CFR § 73.670(b).
If “Yes” is answered, in addition to representing compliance with section 73.670, the applicant is also certifying that it has not violated the Commission’s policies on “host-selling” and “program-length commercials.” See e.g., Policies and Rules concerning Children’s Television Programming, Report and Order, 6 FCC Rcd 2111, 2117-18, paras. 40-47, modified, in part, Memorandum Opinion and Order, 6 FCC Rcd 5093, 5098-99, paras. 28-34 (establishing the Commission’s policies on program-length children’s commercials); Action for Children's Television, Policy Statement, 50 FCC2d 1, 8, 16–17 (1974) (establishing the Commission’s policies on host-selling). If “No” is answered the applicant must submit as an Exhibit a list of each program or segment of programming designed for children 12 years and under broadcast during the license period that contained commercial matter in excess of the Commission’s commercial limits and policies. For each programming segment so listed, indicate the length of the segment, the amount and/or type of commercial matter contained therein, and an explanation of why the commercial limit rules were violated.
Children’s Television Programming Reports. Each commercial TV and Class A TV licensee is required to describe in its renewal application its efforts to serve the educational and information needs of children. Each commercial TV and Class A TV licensee is required to prepare and electronically file a Children’s Television Programming Report on FCC Form 2100, Schedule H (formerly, FCC Form 398) (Children’s Report), setting forth the efforts made by the licensee to serve the educational and informational needs of the children. The Children’s Report is required to be filed with the Commission and a copy placed in the station’s online public inspection file. Children’s Reports were required to be filed on a quarterly basis by the tenth day of the preceding calendar quarter (i.e., by April 10 for the first quarterly report; by July 10 for the second quarterly report; by October 10 for the third quarterly report; and by January 10 for the fourth quarterly report). However, on July 12, 2019, the Commission amended its rules to require that Children’s Reports be filed on an annual basis within thirty days following the end of the year, reporting on all children’s programming aired during the prior calendar year (January 1 – December 31). See Children’s Television Programming Rules; Modernization of Media Regulation Initiative, MB Docket Nos. 18-202 and 17-105, Report and Order, 34 FCC Rcd 5822 (2019). The final quarterly Children’s Report was due on October 10, 2019, and reported children’s programming aired between July 1, 2019, and September 15, 2019. Pursuant to an extension of time provided to all broadcasters, the first annual Children’s Report was due on March 30, 2020, and covered children’s programming aired from September 16, 2019, through December 31, 2019. See Media Bureau Announces Effective Date and Provides Guidance on Transition Procedures for KidVid Reporting and Compliance with Revised Safe Harbor Processing Guidelines, MB Docket Nos. 18-202 and 17-105, Public Notice, 34 FCC Rcd 7878 (MB 2019); Media Burau Announces Effective Date of Remaining KidVid Rules, Availability and Extension of Time to File the Revised Children’s Television Programming Report in LMS, and Guidance
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Concerning the filing of Final Quarterly Commercial Limits Certifications, MB Docket Nos. 18-202 and 17- 105, DA 19-1319 (Dec. 20, 2019).
By answering “Yes” to this question the applicant certifies that all reports were filed as required by the Commission’s rules and contain the substantive information required by the Commission’s rules and the Children’s Report, as required during the covered period for the Children’s Report (e.g., a Children’s Report filed for second quarter of 2017 was filed by April 10, 2017, and contained all required substantive information requested by the form and rules in effect between January 1, 2017, and March 30, 2017). If “No” is answered the applicant must submit as an Exhibit an explanation identifying the specific reports that were not filed on time or are missing from the station’s online public inspection file.
We note broadcasters are no longer able to amend a previously filed quarterly Children’s Report or file a missing quarterly Children’s Report. In order to provide information that would have otherwise been provided on a quarterly Children’s Report a licensee must provide the necessary information in the form of an explanatory document. Such document must be uploaded to a station’s online public inspection file and placed in the “Children’s Reports” section, under the folder entitled “Additional Documents.” Applicants should include an exhibit in response to this question noting if any such explanatory document has been uploaded to the station’s online public inspection file. Applicants may still certify “Yes” to this question and provide an exhibit. See Media Bureau Announces That After December 17, 2019, Television Broadcasters Will No Longer Be Able to Amend Existing or File New Quarterly Children’s Television Programming Reports, MB Docket Nos. 18-202 and 17-105, Public Notice, DA 19-1186 (MB, Nov. 15, 2019).
Core Programming Processing Guidelines. The Children’s Television Act of 1990 (CTA) requires the Commission to consider, in reviewing television license renewals, the extent to which the licensee “has served the educational and informational needs of children through the licensee’s overall programming, including programming specifically designed to serve such needs.” See Children’s Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. §§ 303a, 303b, 394. The Commission has adopted rules implementing the CTA by (1) requiring that programming specifically designed to serve the educational and informational needs of children, also known as “Core Programming,” satisfies specific criteria, and (2) establishing safe harbor processing guidelines under which the airing of minimum amounts of Core Programming will be deemed to demonstrate compliance with the CTA. On July 12, 2019, the Commission released a Report and Order modernizing the children’s television programming rules to give broadcasters greater flexibility in serving the educational and informational needs of children. See Children’s Television Programming Rules; Modernization of Media Regulation Initiative, MB Docket Nos. 18-202 and 17-105, Report and Order, 34 FCC Rcd 5822 (2019). As outlined in detail below, the Commission’s revised rules went into effect at different times because portions of these rules required OMB approval.
If an applicant answers “Yes” to this question, it is certifying that it has complied with the Core Programming criteria and Core Programming processing guidelines in effect at the time the Core Program was aired.
Core Programming Criteria and Processing Guidelines Prior to September 16, 2019:
Prior to September 16, 2019, a broadcaster’s compliance with its obligations under the Children’s Television Act will be evaluated as follows. See Children’s Television Obligations of Digital Television Broadcasters, MM Docket No. 00-167, Report and Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 22943 (2004); Children’s Television Obligations of Digital Television Broadcasters, MM Docket No. 00-167, Second Order on Reconsideration and Second Report and Order, 21 FCC Rcd 11065 (2006).
A “Core Program” is educational and informational programming that meets the following criteria:
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(1) it is serving the educational and informational needs of children ages 16 and under as a significant purpose; (2) it is aired between the hours of 7:00 a.m. and 10:00 p.m.; (3) it is a regularly scheduled weekly program; (4) it is at least 30 minutes in length; (5) it is identified as specially designed to educate and inform children by the display on the television screen throughout the program of the symbol E/I; (6) the educational and informational objective of the program and the target child audience are specified in writing in the licensee’s quarterly Children’s Television Programming Report; and (7) instructions for listing the program as educational and informational, including an indication of the age group for which the program is intended, are provided to publishers of program guides.
A licensee that has aired three hours per week (as averaged over a six-month period) of Core Programming will be deemed by Commission staff to have satisfied its obligation under the CTA to serve the educational and informational needs of children through its programming. Stations that multicast also have an obligation to air Core Programming on their multicast streams. Such stations must air an additional ½ hour per week of Core Programming for every increment of 1 to 28 hours of video programming provided on a free multicast stream. Stations that multicast may air all of their additional Core Programming on either one free digital video channel or distribute it across multiple free digital video channels, at their discretion, as long as the stream on which the Core Programming is aired has comparable carriage on MVPDs as the stream triggering the additional Core Programming obligation. At least 50% of the Core Programming counted toward meeting the additional processing guideline cannot consist of program episodes that aired during the previous week on either the station’s primary program stream or one of its free multicast streams.
Core Programming will be counted as preempted only if it was not aired in a fixed substitute time slot of the station’s choice (known as a “second home”) with an on-air notification of the schedule change occurring at the time of preemption during the previously scheduled time slot. The on-air notification must announce the alternate date and time when the preempted show will air. Programming preempted for breaking news will not be considered preempted regardless of whether it is rescheduled.
A licensee will also be eligible for Commission staff approval of its children’s programming showing where the licensee sets forth in an exhibit that it has aired an assortment of different types of educational and informational programming that, while somewhat less than three hours per week of Core Programming, demonstrates a level of commitment to educating and informing children that it is at least equivalent to airing three hours per week of Core Programming.
A licensee that fails to make one of the aforementioned showings will have its renewal application(s) referred to the full Commission, where it will have the opportunity to demonstrate compliance with the CTA by relying, in part, on: (1) any special non-broadcast efforts by the licensee which enhance the educational and informational value of such programming to children; and (2) any special efforts by the licensee to produce or support programming broadcast by another station in the licensee’s marketplace which is specifically designed to serve the educational and informational needs of children.
Core Programming Criteria and Processing Guidelines Starting on September 16, 2019, through January 20, 2020:
The following revised rules adopted in the 2019 Children’s Programming R&O took effect on September 16, 2019: sections 73.671(c)(2) (expanded Core Programming hours), 73.671(c)(3) (revisions to regularly scheduled weekly programing requirement), 73.671(c)(4) (revisions to requirement that Core Programming be
15 at least 30 minutes in length), 73.671(d) (revised safe harbor processing guidelines), and 73.671(e)(3) (preemption exemption for non-regularly scheduled live programming produced locally by the station).
A “Core Program” is educational and informational programming that meets the following criteria:
(1) it has serving the educational and informational needs of children ages 16 and under as a significant purpose; (2) it is aired between the hours of 6:00 a.m. and 10:00 p.m.; (3) it is a regularly scheduled weekly program, except that a licensee may air a limited amount of programming that is not regularly scheduled on a weekly basis, including educational specials and regularly scheduled non-weekly programming, and have that programming count as Core Programming, as described below (see 47 CFR § 73.671(d)); (4) it is at least 30 minutes in length except that a licensee may air a limited amount of short-form programming, including public service announcements and interstitials, and have that programming count as Core Programming, as described below (see 47 CFR § 73.671(d)); (5) it is identified as specially designed to educate and inform children by the display on the television screen throughout the program of the symbol E/I; (6) the educational and informational objective of the program and the target child audience are specified in writing in the licensee’s quarterly Children’s Television Programming Report; and (7) instructions for listing the program as educational and informational, including an indication of the age group for which the program is intended, are provided to publishers of program guides.
A licensee will be deemed by Commission staff to have satisfied its obligation under the CTA to serve the educational and informational needs of children through its programming if it: (1) airs three hours per week (as averaged over a six-month period) of Core Programming on its main program stream; or (2) airs 156 hours of Core Programming annually, including at least 26 hours per quarter of regularly scheduled weekly programming that is at least 30 minutes in length and up to 52 hours annually of Core Programs that are not aired on a regularly scheduled weekly basis, including programming that is less than 30 minutes in length. A station may air up to 13 hours per quarter of regularly scheduled weekly Core Programming of at least 30 minutes in length on a multicast stream.
Core Programming will be counted as preempted only if it was not aired in a fixed substitute time slot of the station’s choice (known as a “second home”) with an on-air notification of the schedule change occurring at the time of preemption during the previously scheduled time slot. The on-air notification must announce the alternate date and time when the preempted show will air. Programming preempted for breaking news or non- regularly scheduled, live locally produced programming will not be considered preempted regardless of whether the program is rescheduled.
A licensee that fails to make one of the aforementioned showings will have its renewal application(s) referred to the full Commission, where it will have the opportunity to demonstrate compliance with the CTA by relying, in part, on: (1) any special non-broadcast efforts by the licensee which enhance the educational and informational value of such programming to children; and (2) any special efforts by the licensee to produce or support programming broadcast by another station in the licensee’s marketplace which is specifically designed to serve the educational and informational needs of children.
Core Programming Criteria and Processing Guidelines Starting on January 21, 2020:
The following revised rules adopted in the 2019 Children’s Programming R&O took effect on January 21, 2020: sections 73.671(c)(5) (revised E/I symbol requirements), 73.671(c)(6) (reporting of target age);
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73.671(c)(7) and 73.673 (information required to publisher of program guides), and 73.671(e)(1) and (2) (revised preemption standards).
A “Core Program” is educational and informational programming that meets the following criteria:
(1) it has serving the educational and informational needs of children ages 16 and under as a significant purpose; (2) it is aired between the hours of 6:00 a.m. and 10:00 p.m.; (3) it is a regularly scheduled weekly program, except that a licensee may air a limited amount of programming that is not regularly scheduled on a weekly basis, including educational specials and regularly scheduled non-weekly programming, and have that programming count as Core Programming, as described below (see 47 CFR § 73.671(d)); (4) it is at least 30 minutes in length except that a licensee may air a limited amount of short-form programming, including public service announcements and interstitials, and have that programming count as Core Programming, as described below (see 47 CFR § 73.671(d)); (5) for commercial broadcast stations only, the program is identified as specifically designed to educate and inform children by the display on the television screen throughout the program of the symbol E/I; (6) the target child audience is specified in writing in the licensee’s Children’s Television Programming Report; and (7) instructions for listing the program as educational and informational are provided to publishers of program guides.
A licensee will be deemed by Commission staff to have satisfied its obligation under the CTA to serve the educational and informational needs of children through its programming if it: (1) airs three hours per week (as averaged over a six-month period) of Core Programming on its main program stream; or (2) airs 156 hours of Core Programming annually, including at least 26 hours per quarter of regularly scheduled weekly programming that is at least 30 minutes in length and up to 52 hours annually of Core Programs that are not aired on a regularly scheduled weekly basis, including programming that is less than 30 minutes in length. A station may air up to 13 hours per quarter of regularly scheduled weekly Core Programming of at least 30 minutes in length on a multicast stream.
Core Programming scheduled to be aired on a station’s main or multicast stream will be counted as preempted only if it was not rescheduled to air within seven days before or after the date the episode was originally scheduled to air. The broadcast station must make an on-air notification of the schedule change during the same time slot as the preempted episode. If a station intends to air the rescheduled episode within the seven days before the date the episode was originally scheduled to air, the station must provide the on-air notification during the same timeslot as the preceding week’s episode of that program. The on-air notification must announce the alternate date and time when the preempted show will air. The program must be rescheduled to air on the same stream as which it was originally scheduled. Programming preempted for breaking news or non-regularly scheduled, live locally produced programming will not be considered preempted regardless of whether the program is rescheduled.
A licensee that fails to make one of the aforementioned showings will have its renewal application(s) referred to the full Commission, where it will have the opportunity to demonstrate compliance with the CTA by relying, in part, on: (1) any special non-broadcast efforts by the licensee which enhance the educational and informational value of such programming to children; and (2) any special efforts by the licensee to produce or support programming broadcast by another station in the licensee’s marketplace which is specifically designed to serve the educational and informational needs of children.
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E/I Symbol. Educational and informational television programming is defined as any television programming that furthers the educational and informational needs of children 16 years of age and under in any respect, including the child’s intellectual/cognitive or social/emotional needs. An applicant must certify that, in accordance with section 73.671(c)(5), it identifies each Core Program using the E/I symbol throughout the airing of each program. If “No” is answered the applicant must provide an Exhibit containing a description of when the E/I symbol was not displayed and what steps were taken to ensure future compliance.
For Full Power NCE Licensees Only: Starting on January 21, 2020, noncommercial educational stations are no longer required to display the E/I symbol during Core Programming. If “Yes” is answered, a noncommercial educational applicant is certifying that it displayed the E/I symbol throughout each Core program aired through January 20, 2020. As of January 21, 2020, NCE stations are no longer required to display the E/I symbol. This rule change did not change the obligations of commercial TV stations and Class A TV stations (including Class A TV stations that only air noncommercial programming).
Notifying Publishers of Program Guides. This question requires the applicant to certify that it provides information identifying each Core Program aired on its station to publishers of program guides as required by section 73.673. Starting on September 16, 2019, commercial TV and Class A TV broadcast stations (including Class A TV stations that are solely airing noncommercial programing) are no longer required to include in the information provided to publishers of program guides an indication of the target age range of the Core Program. If “Yes” is answered to this question, the applicant certifies that prior to September 16, 2019, it provided to publishers of program guides an indication of target age range for the Core Program.
Publicizing Children’s Reports. Through January 20, 2020, section 73.3526(e)(11)(iii) required commercial TV and all Class A TV broadcast stations to publicize the existence and location of the station’s Children’s Television Programming Reports (FCC Form 2100, Schedule H). If “Yes” is answered to this question the applicant is certifying that it complied with this requirement through January 20, 2020. Starting January 21, 2020, stations were no longer required to publicize the existence and location of their Children’s Television Programming Reports.
Children’s Programming Disclosures and Other Efforts. An applicant may provide any other comments or information it wishes the Commission to consider in evaluating whether the licensee has met its obligations under the Children’s Television Act and the Commission’s children’s television programming rules (see e.g., 47 CFR §§ 73.3526, 73.671, 73.673). This may include, but is not limited to, information on the sponsorship of Core educational/informational programs on other stations in the same market that increases the amount of Core educational and informational programming on the station airing the sponsored program, or on any non-Core educational and informational programming that the station plans to air, as well as information on any existing or proposed non-broadcast activities that the licensee believes enhance the educational and informational value of such programming to children.
Continued Class A Eligibility (Class A TV applicants only). On November 29, 1999, the Community Broadcasters Protection Act of 1999 was signed into law. That legislation provides that a low power television licensee may convert the secondary status of its station to the new Class A status, provided it can satisfy certain statutorily established criteria. To have been eligible for Class A status , the licensee’s station must, during the 90-day period ending November 28, 1999, have: (1) broadcast a minimum of 18 hours per day; (2) broadcast an average of at least three hours per week of programming produced within the market area served by the station or by a group of commonly-controlled low power television stations; and (3) been in compliance with the Commission’s regulations applicable to the low power television service. The legislation provided that a licensee obtaining Class A designation shall continue to be accorded primary status as a television broadcaster, as long as its station continues to meet the requirements of (1) and (2) above.
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A licensee unable to continue to meet the minimum operating requirements for Class A television stations, or which elect to revert to low power television status is required to notify the Commission, in writing, and request a change in status. See 47 CFR 73.6001(d); In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8257, para. 35 (2001).
Discontinued Operations. Section 312(g) of the Communications Act of 1934, 47 U.S.C. § 312(g), states that if a broadcast station fails to transmit broadcast signals for any consecutive 12-month period, then the station license expires automatically, by operation of law, at the end of that 12-month period. The Commission has the discretion to reinstate a broadcast license that has expired pursuant to section 312(g) to promote “equity and fairness,” but has exercised that statutory discretion only when the failure to timely resume broadcasts was for a compelling reason beyond the licensee’s control. A station that does cease broadcasting for nearly 12 months may not preserve its license by recommencing operation with unauthorized facilities. See Eagle Broadcasting Group, Ltd. v. FCC, 563 F.3d 543 (D.C. Cir. 2009). Accordingly, this question requires the licensee to certify that the station was not silent for any consecutive 12-month period during the preceding license term. By answering “Yes” to this question, the applicant certifies that (1) it was not silent for any consecutive 12-month period during the preceding license term; and (2) if the station was silent for any period of time during the preceding license term, it resumed broadcasting with authorized facilities before 12 months from the date on which that station went silent. If the applicant cannot make this certification, it should answer the question “No” and provide an explanatory exhibit.
Silent Station. The Commission will not renew the license of a station that is not broadcasting. See Birach Broadcasting Corporation, 16 FCC Rcd 5015 (2001); 47 U.S.C. § 153(6). Accordingly, this question requires the applicant to certify that its commercial AM or FM broadcast station is currently transmitting signals intended to be received by the public. An application may not answer “Yes” to this question if the station is transmitting only “test signals.”
Note: (i) A noncommercial Full Power TV broadcast station does not have specified minimum hours of operation, but the hours of actual operation in a license period shall be taken into account in the analysis of its license renewal application (see 47 CFR § 73.1740(b)); (ii) Any other type of Full Power TV or Class A TV broadcast station is expected to provide continuous service except where causes beyond its control warrant interruption. Where causes beyond the control of the licensee make it impossible to continue operation, the station may discontinue operation for a period of 30 days without further authority from the FCC. However, notification of the discontinuance must be sent to the FCC in Washington, D.C. no later than 10 days after the discontinued operation. Failure to operate for a period of 30 days or more shall be taken into consideration in the renewal of the station’s license. See 47 U.S.C. § 309(k); Radioactive, LLC, 32 FCC Rcd 6392 (2017).
Environmental Effects. This question requires the applicant to state whether grant of renewal of license for the specified facility would be an action that may have a significant environmental effect under 47 CFR § 1.1306.
The National Environmental Policy Act of 1969 requires all federal agencies to ensure that the human environment is given consideration in all agency decision-making. Since January 1, 1986, applications for new broadcast stations, modifications of existing stations, and license renewals must contain either an environmental assessment that will serve as the basis for further Commission review and action, or an indication that operation of the station will not have a significant environmental impact. See 47 CFR § 1.1307(b). In this regard, applicants are required to look at eight environmental factors. These factors are relatively self-explanatory, except for the evaluation of whether the station adequately protects the public and workers from potentially harmful radiofrequency (RF) electromagnetic fields. In addition, if the applicant proposes a new tower that will exceed 450 feet in height, it must submit an Environmental Assessment as described below.
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RF Exposure Requirements. In 1996, the Commission adopted new guidelines and procedures for evaluating environmental effects of RF emissions. All applications subject to environmental processing filed on or after October 15, 1997, must demonstrate compliance with the new requirements. These new guidelines incorporate two tiers of exposure limits:
• General population/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Members of the general public are always considered under this category when exposure is not employment related.
• Occupational/controlled exposure limits apply to human exposure to RF fields when persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. These limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above the general populations/uncontrolled limits as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or some other appropriate means.
The new guidelines are explained in more detail in OET Bulletin 65, entitled Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, Edition 97-01, released August 1997, and Supplement A: Additional Information for Radio and Television Broadcast Stations (referred to here as “OET Bulletin 65” and “Supplement A,” respectively). Both OET Bulletin 65 and Supplement A can be viewed and/or downloaded from the FCC Internet site at https://www.fcc.gov/general/radio-frequency-safety-0. Additional information may be obtained from the RF Safety Group at [email protected] or (202) 418-2464 or from the FCC Call Center at 1-888-CALL FCC (225-5322).
Should the applicant be unable to conclude that its proposal will have no significant impact on the quality of the human environment, or if it proposes a new tower exceeding 450 feet in height, it must submit an Environmental Assessment containing the following information:
1. A description of the facilities as well as supporting structures and appurtenances, and a description of the site as well as the surrounding area and uses. If high-intensity white lighting is proposed or utilized within a residential area, the EA must also address the impact of this lighting upon the residents.
2. A statement as to the zoning classification of the site, and communications with, or proceedings before and determinations (if any) by zoning, planning, environmental and other local, state, or federal authorities on matters relating to environmental effects.
3. A statement as to whether construction of the facilities has been a source of controversy on environmental grounds in the local community.
4. A discussion of environmental and other considerations that led to the selection of the particular site and, if relevant, the particular facility; the nature and extent of any unavoidable adverse environmental effects; and any alternative sites or facilities that have been or reasonably might be considered.
5. If relevant, a statement why the site cannot meet the FCC guidelines for RF exposure with respect to the public and workers.
Note: Even if the applicant concludes that human RF electromagnetic exposure is consistent with the Commission’s guidelines, each site user must also meet requirements with respect to “on-tower” or other exposure
20 by workers at the site (including RF exposure on one tower caused by sources on another tower or towers). These requirements include, but are not limited to, the reduction or cessation of transmitter power when persons have access to the site, tower, or antenna. Such procedures must be coordinated among all tower users. See OET Bulletin 65 for details. See also 47 CFR § 1.1306.
Adherence to Minimum Operating Schedule. This question requires the applicant to certify that the station has not been silent (or operating for less than its prescribed minimum operating hours) for any period of more than 30 days. Commercial broadcast stations are required to operate not less than the minimum operating hours set forth in 47 CFR § 73.1740. Noncommercial educational Full Power TV stations are not required to operate on a regular schedule and no minimum hours of operation are specified, but the hours of actual operation during a license period shall be taken into consideration in the renewal of an NCE licensee. A noncommercial educational Full Power TV broadcast station is expected to provide continuous service, except where causes beyond its control warrant interruption. Class A TV stations are required to operate no less than 18 hours in each day of the week. See 47 CFR § 73.1740(a)(5).
In the event that causes beyond the control of a licensee make it impossible to adhere to its minimum operating schedule or to continue operating, the station may limit or discontinue operation for a period of not more than 30 days without further authority from the FCC. Notification must be sent to the FCC no later than the tenth day of limited or discontinued operation. See 47 CFR §§ 73.1740(a)(4).
An applicant whose station was silent or broadcasting for less than the prescribed minimum hours for any period of more than 30 days in the preceding license term must submit an exhibit specifying the exact dates on which the station was silent or operating at less than its prescribed minimum operating schedule.
Note: “Broadcasting” means “the dissemination of radio communications intended to be received by the public.” 47 U.S.C. § 153(6). Accordingly, the transmission of “test signals” does not count toward a station’s minimum operating hours. See A-O Broadcasting Corp., Memorandum Opinion and Order, 23 FCC Rcd 603, 609 (2008) (finding that test signals, even if audible to the public, are not broadcast signals).
Adherence to Operational Parameters. This question requires the applicant to certify that during the preceding licensee term, the station has operated pursuant to authorized operating parameters, including pursuant to the terms of its license, special temporary authority, or as otherwise permitted to operate under the Commission’s rules. DTV broadcasters must also transmit at least one over-the-air video program signal at no direct charge to viewers. See 47 CFR §§ 73.624(b).
To the extent the applicant’s station is a channel sharing station (sharer or sharee) pursuant with sections 73.3700(h), 73.3800, and 73.6028 of the Rules (Channel Sharing Rules), the station is also certifying that it is operating in compliance with the Channel Sharing Rules, including the Station’s Channel Sharing Agreement (CSA). See 47 CFR §§ 73.3700(h), 73.3800, and 73.6028. The licensee of an NCE station operating on a reserved channel that is a party to a CSA either as a sharee or sharer must continue to comply with the requirements of 47 CFR § 73.621.
To the extent the station has converted its facility to ATSC 3.0 pursuant to sections 73.3801 or 73.6029 of the Rules (ATSC 3.0 Rules), the applicant certifies it is operating in compliance with the terms of the ATSC 3.0 Rules, including providing a simulcast signal of its primary ATSC 3.0 video programming steam in an ATSC 1.0 format and the terms of its Simulcasting Agreement. 47 CFR §§ 73.3801 and 73.6029.
Unless otherwise permitted by the Commission’s rules, a licensee must receive express Commission authority to operate at variance from its licensed parameters. See e.g., 47 CFR §§ 73.1615, 73.1635, 73.1680. An application that certifies “No” to this question must provide an explanatory exhibit.
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OTHER BROADCAST STATIONS
Other Broadcast Stations. The renewal application permits the joint renewal of license for an FM translator station or TV translator station and its co-owned AM, FM, TV or LPTV station. This question asks if the renewal application includes one or more FM translator station(s), or TV translator station(s), or LPTV station(s), in addition to the station(s) listed at the top of this section. Select “Yes” or “No” as appropriate.
If you select “Yes” to this question, a list will open labeled “Available Stations.” This list will include all FM translator stations linked to the FRN used for this application. Click on “Call Sign,” “Facility ID,” “Frequency,” “Service,” “City,” or “State” at the top of the list to sort the list by those attributes (clicking a second time will toggle between sorting in ascending or descending order).
Select the FM translator station(s) that you wish to renew in this application by clicking on those station(s) in the list. To select all stations, click the “All” box at the top of the list. The station(s) selected will appear in the list to the right of the “Available Stations” list, labeled “Selected Stations,” which may be sorted by call sign. To remove any station(s) erroneously added to the “Selected Stations” list, click on the station(s) you wish to remove and then click the “Remove” button at the top of the list.
When the “Selected Stations” list includes all FM translator stations that you wish to renew in this application, click the “Save & Continue” button at the bottom of the screen to continue to the FM Translator Certifications section.
TV TRANSLATOR AND LOW POWER TV LICENSEES CERTIFICATIONS
Silent Station. The Commission will not renew the license of a station that is not broadcasting. See Birach Broadcasting Corporation, 16 FCC Rcd 5015 (2001); 47 U.S.C. § 153(6). Accordingly, this certification requires the applicant to certify that its TV translator or LPTV station is currently transmitting signals intended to be received by the public. An application may not answer “Yes” to this question if the station is transmitting only “test signals.”
Note: A TV translator or LPTV station is not required to adhere to any regular schedule of operation, however the licensee of a TV Translator is expected to provide service to the extent that such is within its control and to avoid unwarranted interruptions in the service provided. See 47 CFR §§ 74.763. Where causes beyond the control of the licensee make it impossible to continue operation, the station may discontinue operation for a period of 30 days without further authority from the FCC. However, notification of the discontinuance must be sent to the FCC in Washington, D.C. no later than 10 days after the discontinued operation. See 47 CFR § 73.1635. Failure to operate for a period of 30 days or more shall be taken into consideration in the renewal of the station’s license. See 47 U.S.C. § 309(k); Radioactive, LLC, 32 FCC Rcd 6392 (2017).
Rebroadcast Status. Section 325(a) of the Communications Act of 1934, as amended, prohibits the rebroadcast of the programs of a broadcast station without the express authority of the originating station. Where the renewal applicant is not the licensee of the originating station, written authority must be obtained prior to any rebroadcasting. Also, where the licensee has changed the station being rebroadcast, written notification must be made to the Commission in accordance with 47 CFR § 74.784. TV translator or LPTV station licensees that rebroadcast a primary station should respond “Yes” and identify the station(s) being rebroadcast. Identify the station being rebroadcast by entering its Facility ID Number in the “Facility ID” field. This will populate the table below with the station information. Additional stations can be added by clicking the “Add Station” button. Television Facility ID Numbers can be obtained at the FCC's Licensing and Management
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System (LMS) Search Page at https://enterpriseefiling.fcc.gov/dataentry/public/tv/publicFacilitySearch.html or by calling (202) 418-2700.
Rebroadcast Consent. This question requires an TV translator or LPTV station licensee to certify that it has obtained written authority from the licensee of the primary station (identified above) for retransmitting the primary station’s programming. See 47 CFR § 74.784(b). When the primary station is co-owned, the applicant also should answer “Yes” to this question.
EEO Program. Each licensee of a Full Power TV or Class A TV broadcast station is required to afford equal employment opportunity to all qualified persons and to refrain from discrimination in employment and related benefits on the basis of race, color, religion, national origin or sex. See 47 CFR § 73.2080. All Full Power TV and Class A TV broadcast stations must file Form 2100, Schedule 396 – Broadcast EEO Program Report, with their license renewal applications. Pursuant to these rule requirements, a license renewal applicant who employs five or more full time employees in its station employment unit must maintain an EEO recruitment program in addition to ensuring that equal employment opportunity is afforded to all full-time applicants and employees without discrimination. An “employment unit” is a station, or a group of commonly owned stations in the same market that share at least one employee. If an applicant employs fewer than five full-time employees in its station employment unit as of the date of filing Schedule 396, it does not need to maintain an EEO recruitment program but still must refrain from discrimination in its hiring and employment practices. An applicant employing fewer than five full-time employees in its station employment unit need only respond “Yes” to the station employment unit question under “Full-time Employees,” complete the Certification of Schedule 396, and must then file Schedule 396 with the renewal application.
The licensee must first certify that the Broadcast EEO Program Report (Form 2100, Schedule 396) has been filed with the Commission, pursuant to 47 CFR § 73.2080(f)(1). Schedule 396 must be filed before Schedule 303-S; when Schedule 396 is filed, you will receive a File Number for that Schedule from LMS. When certifying “Yes” to this question, enter the Schedule 396 File Number in the text box that appears below the item.
Additionally, for employment units employing five or more full-time employees, each licensee must place in the station’s public inspection file annually, and post on the station’s website, a Broadcast EEO Public File Report containing: (1) a list of all full-time vacancies filled during the preceding year, identified by job title; (2) for each such vacancy, the recruitment source(s) utilized to fill the vacancy, (including, if applicable, organizations entitled to notification pursuant to Section 73.2080(c)(1)(ii), which should be separately identified), identified by name, address, contact person, and telephone number; (3) the recruitment source that referred the hiree for each full-time vacancy during the preceding year; (4) data reflecting the total number of persons interviewed for full-time vacancies during the preceding year and the total number of interviewees referred by each recruitment source utilized in connection with such vacancies; and (5) a list and brief description of initiatives undertaken pursuant to Section 73.2080(c)(2) during the preceding year. Certify that the Broadcast EEO Public File Report has been posted on the station’s website by selecting “Yes” to this certification.
Environmental Effects. This question requires that the applicant certify that the TV translator or LPTV station complies with the Commission’s maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments. In the event there has been no material change in a TV translator or LPTV station’s RF environment since the station last received a grant of a license application or a license renewal application, the licensee may certify its compliance with RF exposure limits based on the information submitted with such application. In the event that there has been a material change in the TV translator or LPTV station’s RF environment since such application was granted, the licensee should follow the instructions below.
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Note: Licensees are reminded that the Commission retains the authority to revoke any station or translator station license for a licensee’s failure to satisfy the requirements of the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, or other environmental statute, regulation, or directive at the time it sought authorization for the original construction or modification of its broadcast facilities. 47 U.S.C. § 312(a)(2) (authorizing the revocation of a station license “because of conditions coming to the attention of the Commission which would warrant it in refusing to grant a license or permit on an original application . . . .”). See also FCC Form 2100, Schedule 301 Instructions, “Environmental Effects” section.
The National Environmental Policy Act of 1969 requires all federal agencies to ensure that the human environment is given consideration in all agency decision-making. Since January 1, 1986, applications for new broadcast stations, modifications of existing stations, and license renewals must contain either an environmental assessment that will serve as the basis for further Commission review and action, or an indication that operation of the station will not have a significant environmental impact. See 47 CFR § 1.1307(b). In this regard, applicants are required to look at eight environmental factors. These factors are relatively self-explanatory, except for the evaluation of whether the station adequately protects the public and workers from potentially harmful radiofrequency (RF) electromagnetic fields. In addition, if the applicant proposes a new tower that will exceed 450 feet in height, it must submit an Environmental Assessment as described below.
RF Exposure Requirements. In 1996, the Commission adopted new guidelines and procedures for evaluating environmental effects of RF emissions. All applications subject to environmental processing filed on or after October 15, 1997, must demonstrate compliance with the new requirements. These new guidelines incorporate two tiers of exposure limits:
• General population/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Members of the general public are always considered under this category when exposure is not employment-related.
• Occupational/controlled exposure limits apply to human exposure to RF fields when persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. These limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above the general populations/uncontrolled limits as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or some other appropriate means.
The new guidelines are explained in more detail in OET Bulletin 65, entitled Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, Edition 97-01, released August 1997, and Supplement A: Additional Information for Radio and Television Broadcast Stations (referred to here as “OET Bulletin 65” and “Supplement A,” respectively). Both OET Bulletin 65 and Supplement A can be viewed and/or downloaded from the FCC Internet site at https://www.fcc.gov/general/radio-frequency-safety-0. Additional information may be obtained from the RF Safety Group at [email protected] or (202) 418-2464 or from the FCC Call Center at 1-888-CALL FCC (225-5322).
Should the applicant be unable to conclude that its proposal will have no significant impact on the quality of the human environment, or if it proposes a new tower exceeding 450 feet in height, it must submit an Environmental Assessment containing the following information:
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1. A description of the facilities as well as supporting structures and appurtenances, and a description of the site as well as the surrounding area and uses. If high-intensity white lighting is proposed or utilized within a residential area, the EA must also address the impact of this lighting upon the residents.
2. A statement as to the zoning classification of the site, and communications with, or proceedings before and determinations (if any) by zoning, planning, environmental and other local, state, or federal authorities on matters relating to environmental effects.
3. A statement as to whether construction of the facilities has been a source of controversy on environmental grounds in the local community.
4. A discussion of environmental and other considerations that led to the selection of the particular site and, if relevant, the particular facility; the nature and extent of any unavoidable adverse environmental effects; and any alternative sites or facilities that have been or reasonably might be considered.
5. If relevant, a statement why the site cannot meet the FCC guidelines for RF exposure with respect to the public and workers.
Note: Even if the applicant concludes that human RF electromagnetic exposure is consistent with the Commission’s guidelines, each site user must also meet requirements with respect to “on-tower” or other exposure by workers at the site (including RF exposure on one tower caused by sources on another tower or towers). These requirements include, but are not limited to, the reduction or cessation of transmitter power when persons have access to the site, tower, or antenna. Such procedures must be coordinated among all tower users. See OET Bulletin 65 for details. See also 47 CFR § 1.1306.
Biennial Ownership Report. This question asks the renewal applicant to certify that it has filed with the Commission the biennial ownership reports required by 47 CFR § 73.3615. Each licensee of a commercial AM, FM, or TV broadcast station shall file an Ownership Report on FCC Form 323 (commercial) every two years. The Ownership Report must be filed by December 1 in all odd-numbered years. See 47 CFR § 73.3615(a). Each licensee of a noncommercial educational AM, FM, or TV broadcast station shall file an Ownership Report on FCC Form 323-E (noncommercial) every two years. The Ownership Report must be filed by December 1 in all odd-numbered years. See 47 CFR § 73.3615(d).
Discontinued Operations. Section 312(g) of the Communications Act of 1934, 47 U.S.C. § 312(g), states that if a broadcast station fails to transmit broadcast signals for any consecutive 12-month period, then the station license expires automatically, by operation of law, at the end of that 12-month period. The Commission has the discretion to reinstate a broadcast license that has expired pursuant to section 312(g) to promote “equity and fairness,” but has exercised that statutory discretion only when the failure to timely resume broadcasts was for a compelling reason beyond the licensee’s control. A station that does cease broadcasting for nearly 12 months may not preserve its license by recommencing operation with unauthorized facilities. See Eagle Broadcasting Group, Ltd. v. FCC, 563 F.3d 543 (D.C. Cir. 2009). Accordingly, this question requires the licensee to certify that the station was not silent for any consecutive 12-month period during the preceding license term. By answering “Yes” to this question, the applicant certifies that (1) it was not silent for any consecutive 12-month period during the preceding license term; and (2) if the station was silent for any period of time during the preceding license term, it resumed broadcasting with authorized facilities before 12 months from the date on which that station went silent. If the applicant cannot make this certification, it should answer the question “No” and provide an explanatory exhibit.
Adherence to Minimum Operating Schedule. This question requires the applicant to certify that the station has not been silent (or operating for less than its prescribed minimum operating hours) for any period of more
25 than 30 days. Commercial broadcast stations are required to operate not less than the minimum operating hours set forth in 47 CFR § 73.1740. Noncommercial educational Full Power TV stations are not required to operate on a regular schedule and no minimum hours of operation are specified, but the hours of actual operation during a license period shall be taken into consideration in the renewal of an NCE licensee. A noncommercial educational Full Power TV broadcast station is expected to provide continuous service, except where causes beyond its control warrant interruption. Class A TV stations are required to operate no less than 18 hours in each day of the week. See 47 CFR § 73.1740(a)(5).
In the event that causes beyond the control of a licensee make it impossible to adhere to its minimum operating schedule or to continue operating, the station may limit or discontinue operation for a period of not more than 30 days without further authority from the FCC. Notification must be sent to the FCC no later than the 10th day of limited or discontinued operation. See 47 CFR §§ 73.1740(a)(4).
An applicant whose station was silent or broadcasting for less than the prescribed minimum hours for any period of more than 30 days in the preceding license term must submit an exhibit specifying the exact dates on which the station was silent or operating at less than its prescribed minimum operating schedule.
Note: “Broadcasting” means “the dissemination of radio communications intended to be received by the public.” 47 U.S.C. § 153(6). Accordingly, the transmission of “test signals” does not count toward a station’s minimum operating hours. See A-O Broadcasting Corp., Memorandum Opinion and Order, 23 FCC Rcd 603, 609 (2008) (finding that test signals, even if audible to the public, are not broadcast signals).
Adherence to Operational Parameters. This question requires the applicant to certify that during the preceding licensee term, the station has operated pursuant to authorized operating parameters, including pursuant to the terms of its license, special temporary authority, or as otherwise permitted to operate under the Commission’s rules. DTV broadcasters must also transmit at least one over-the-air video program signal at no direct charge to viewers. See 47 CFR §§ 73.624(b).
To the extent the applicant’s station is a channel sharing station (sharer or sharee) pursuant with sections 73.3700(h), 73.3800, and 73.6028 of the Rules (Channel Sharing Rules), the station is also certifying that it is operating in compliance with the Channel Sharing Rules, including the Station’s Channel Sharing Agreement (CSA). See 47 CFR §§ 73.3700(h), 73.3800, and 73.6028. The licensee of an NCE station operating on a reserved channel that is a party to a CSA either as a sharee or sharer must continue to comply with the requirements of 47 CFR § 73.621.
To the extent the station has converted its facility to ATSC 3.0 pursuant to sections 73.3801 or 73.6029 of the Rules (ATSC 3.0 Rules), the applicant certifies it is operating in compliance with the terms of the ATSC 3.0 Rules, including providing a simulcast signal of its primary ATSC 3.0 video programming stream in an ATSC 1.0 format and the terms of its Simulcasting Agreement. 47 CFR §§ 73.3801, 73.6029.
Unless otherwise permitted by the Commission’s rules, a licensee must receive express Commission authority to operate at variance from its licensed parameters. See e.g., 47 CFR §§ 73.1615, 73.1635, 73.1680. An application that certifies “No” to this question must provide an explanatory exhibit.
CERTIFICATION
General Certification Statements: Each applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of such frequency(ies) or spectrum, whether by authorization or otherwise.
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Each applicant is responsible for the information that the application instructions convey. As a key element in the Commission’s streamlined licensing process, a certification is required that these materials have been reviewed and that each question response is based on the applicant’s review.
This question also requires the applicant to certify that neither it nor any party to the application is subject to denial of federal benefits pursuant to section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 862.
Section 5301 of the Anti-Drug Abuse Act of 1988 provides federal and state court judges the discretion to deny federal benefits to individuals convicted of offenses consisting of the distribution or possession of controlled substances. Federal benefits within the scope of the statute include FCC authorizations. The applicant, by electronically signing the application, certifies that neither it nor any party to this application has been convicted of such an offense or, if it has, it is not ineligible to receive the authorization sought by this application because of section 5301.
Note: With respect to this certification, the term “party to the application” includes, if the applicant is an individual, that individual; if the applicant is a corporation or unincorporated association, all officers, directors, or persons holding five percent or more of the outstanding stock or shares (voting and/or non-voting) of the applicant; all members if a membership association; and if the applicant is a partnership, all general partners and all limited partners, including both insulated and non-insulated limited partners, holding a five percent or more interest in the partnership. See 47 CFR § 1.2002(b)-(c).
Authorized Party to Sign: The applicant must electronically sign the application. Depending on the nature of the applicant, the application should be signed as follows: if a sole proprietorship, personally; if a partnership, by a general partner; if a corporation, by an officer; for an unincorporated association, by a member who is an officer; if a governmental entity, by such duly elected or appointed official as is competent under the laws of the particular jurisdiction. Counsel may sign the application for his or her client, but only in cases of the applicant’s disability or absence from the United States. In such cases, counsel must separately set forth why the application is not signed by the client. In addition, as to any matter stated on the basis of belief instead of personal knowledge, counsel shall separately set forth the reasons for believing that such statements are true. See 47 CFR § 73.3513. The electronic signature will consist of the electronic equivalent of the typed name of the individual. See Report and Order in MM Docket No. 98-43, 13 FCC Rcd 23056, 23064 (1998), para. 17.
The applicant must also check the box to certify that it has submitted with the application all required and relevant attachments.
Click the “Submit Application” button to submit the application. The application is not considered to be submitted unless and until you click the “Submit Application” button.
FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT
If you do not provide the information requested on this form, the application may be returned without action having been taken upon it or its processing may be delayed while a request is made to provide the missing information. Your response is required to obtain the requested authorization.
We have estimated that each response to this collection of information will take from 1.25 to 12 hours. Our estimate includes the time to read the instructions, look through existing records, gather and maintain the required data, and actually complete and review the form or response. If you have any comments on this burden estimate, or on how we can improve the collection and reduce the burden it causes you, please e-mail them to [email protected] or send them to the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0110), Washington, DC 20554. Please DO NOT SEND COMPLETED APPLICATIONS TO
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THIS ADDRESS. Remember - you are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0110.
THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507.
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Discontinued Operations Licensee certifies that during the preceding license term, the Yes station has not been silent for any consecutive 12-month period.
Silent Station Licensee certifies that the station is currently on the air Yes broadcasting programming intended to be received by the public.
Environmental Effects Licensee certifies that the specified facility complies with the Yes maximum permissible radio frequency electronic magnetic exposure limits for controlled and uncontrolled environments.
Local TV Ownership Has the licensee been granted a ''failing'' or ''marginal'' Yes Waiver station waiver of 47 C.F R. Section 73.3555(b)?
You have not selected any Other Broadcast Station. FM Translator Certifications You have not selected any Other Broadcast Station. TV Translator/ LPTV Certifications
Attachments Uploaded File Name By Attachment Type Description
ATTACHMENT G
ONLINE PUBLIC INSPECTION FILE MEMO
ONLINE PUBLIC INSPECTION FILES - A PRIMER FOR TELEVISION STATIONS
This primer is designed to help licensees of commercial and noncommercial television stations comply with the Federal Communications Commission’s (FCC) online public file requirement.15
As a preliminary matter, we strongly recommend that every television station conduct an annual inventory of its online public inspection file (OPIF) to ensure that it is current and complete. If the inventory discloses missing or incomplete documents, steps should be taken promptly to bring the file into full compliance with the FCC’s rules. Please feel free to call us if you need help.
To assist you in complying with the online public file requirements, this primer addresses the following key topics:
I. Location and Access to Television Station Profiles and Public Inspection Files
II. Adding and Removing Documents from Online Public Inspection Files
III. Paper Files – Access and Copies
IV. Public File Contents and Retention Periods – A Recap
I. LOCATION AND ACCESS TO TELEVISION STATION PROFILES AND PUBLIC INSPECTION FILES
All online public inspection files reside on the FCC’s website. The FCC has created an online public inspection file for every television station in the country. The method for accessing the file depends on whether the visitor is a member of the general public desiring to review the file, or a licensee or station employee responsible for maintaining the file.
Public Access. The general public can access the public file of any television station at https://publicfiles.fcc.gov/ using the call sign or facility ID number of the station. Visitors may browse through the contents of the file simply by clicking on icons that represent the sections of the public file, such as “Authorizations,” “Ownership Reports,” “Issues and Programs Lists,” etc. Each online file also displays a station profile page that provides the name and address of the licensee as well as a link to the station’s license.
NOTE: If your station has a website, you are required to place a link to your OPIF on your home page. In addition, you must include on your website contact information for a station employee who can assist any person with disabilities with issues related to the contents of the OPIF.
Broadcaster Access. Station personnel can access their OPIF at https://publicfiles.fcc.gov/ and clicking the “Sign In” tab in the upper right corner of the page. In order to sign into a
15 The Public Inspection File rules for commercial and noncommercial television stations are set forth in Sections 73.3526 and 73.3527 of the Commission’s rule, respectively.
© 2020 Wiley Rein LLP Public Inspection File Primer – February 2020
station’s OPIF and have editing rights, you must use the station’s facility ID number and a secure passcode generated by the FCC.
A station’s passcode may be located at https://publicfiles.fcc.gov/admin/owner-login by entering the FRN (FCC Registration Number) and FRN password associated with the particular station. All stations associated with the same FRN will appear on the same page.
NOTE: It is vitally important that passwords remain secure, since the FRN/password is used to file FCC applications and reports, and to pay every fee owed to the FCC. Changing a password without notice to those who may need to use it could result in missing a filing window or a payment deadline, resulting in serious consequences. For this reason, most licensees designate counsel or someone in management to act as FRN administrator. In that case, you will need to obtain your passcode from the FRN administrator in order to access your online public file. The FRN administrator can also change a station’s passcode, as needed, such as following a change in personnel or if the passcode is lost.
II. ADDING AND REMOVING DOCUMENTS FROM ONLINE PUBLIC INSPECTION FILES
Some of the content in the OPIF is uploaded automatically by the FCC. The remainder must be uploaded by the licensee. Attachment H to this Primer is a chart that summarizes what documents upload automatically and those that stations are responsible for uploading themselves, as well as those that must remain in the paper public file.
FCC-imported Files. Much of the required documentation in the OPIF consists of applications and reports that are filed electronically with the FCC, including applications for construction permits, licenses and license renewals, ownership reports, and other documents, as shown in Attachment H. All documents filed electronically with the FCC import automatically to the station’s OPIF.
Station-uploaded Files. Stations are responsible for uploading documentation and information that is not filed electronically with the FCC, such as issues and programs lists and annual EEO public file reports. The FCC has designed the online files to accept uploads using standard upload methods as well as “drag and drop.”
Ongoing File Maintenance. Although the FCC imports certain documents into the file automatically, every station is ultimately responsible for ensuring the accuracy and completeness of its OPIF. You will need to screen the contents of the file to determine which documents should remain and which may be removed. For example, only a station’s most recent ownership report needs to be in the file. Similarly, an application for a construction permit need only remain in the file while it is pending. Once granted, it may be removed.
Removing a File Added by the FCC. The mechanics for removing a document from the file are simple. Next to each item in the file is an “in/out” toggle button. The FCC’s default is set to “in.” To remove a document from the file, slide the toggle to “out.” When the status shows “out,” the document is no longer viewable by the public visiting the file through the public access portal. Remember, however, that FCC-imported documents such as applications and reports filed directly with the FCC are available to the public via the FCC’s Consolidated Database System (CDBS) or the Licensing and Management System (LMS), located elsewhere on the FCC’s website.
Public Inspection File Primer – February 2020
III. PAPER FILES – ACCESS AND COPIES
For the most part, stations do not need to be able to recreate the documents uploaded to the OPIF, as the FCC’s system has been designed to provide redundancy. Because of the time sensitive nature of political file information, however, stations must have political information available for inspection in the event of some failure of the online system. Thus, political back-up documents should be kept in the station’s internal records in case they are needed. As noted above, stations are only required to upload political advertising material on a going-forward basis.
Access and Copies. You must continue to honor requests to see those documents that remain in the paper public file at any time during your station’s regular business hours (e.g., 9:00 a.m. to 5:00 p.m.), including during lunchtime.16 No advance appointment may be required of any person asking to inspect the file during normal business hours. Every effort should be made to make access to the file prompt and easy. Keep in mind the requirements of the Americans with Disabilities Act when choosing the location for public file inspections. Avoid keeping the file locked in the general manager’s office unless someone is able to access the file during the business day when s/he is not present.
Political file documents kept in the paper file may be maintained electronically, so long as a computer terminal is made available to members of the public who wish to review the file. An employee of the station should supervise the file review, but employees should not in any way interfere with the inspection. Visitors should not be allowed to remove any parts of the file, even temporarily. If reproduction involves taking documents out, this task should be performed by a station employee.
Copies of materials in the public file must be made available upon request by any member of the public, provided the individual agrees to pay the reasonable costs of reproduction (in advance, if requested). The station must fulfill a request for copies within seven (7) days after payment has been received.17 (The rules do not require you to fax copies of documents in the file.)
IV. CONTENTS OF THE PUBLIC FILE AND RETENTION PERIODS – A RECAP
Organization of the Online File. Tabs are labeled with each of the categories of documents to be retained, such as Authorizations, Applications, Ownership Reports, Issues-Programs Lists, Contour Map, etc. In the case of the Political File, the FCC has created subfolders for federal, state, and local races, and within each subfolder there is a separate file for each candidate.
Each category of required documentation is described below, along with its retention period. Remember, in certain categories, the FCC has uploaded more documents in the file than are required. These may be removed by sliding the tab next to the document from “in” to “out.”
16 If a visitor asks to see any portion of the public file that is available online, the station should direct the visitor to the FCC’s website or to the link on the station’s website for that information. 17 Should you decide not to charge for all copies, it is important that you have a uniform policy with respect to copying charges (e.g., orders of 10 pages or less are provided gratis) and not leave such decisions to the discretion of the person responding to the request.
Public Inspection File Primer – February 2020
Refer to Attachment H for a quick review of whether the documents in each category will be imported by the FCC, must be uploaded by the licensee, or should be retained in the paper public file.
73.3526(e)(1) & 73.3527(e)(1) Authorizations
This section must contain the station’s license and any current FCC construction permit, as well as any other document reflecting either conditions on, or modifications to, the station’s authorization. It should include, for example, notifications to the FCC regarding reduced power operations, silent periods, or operation with an emergency antenna, as well as any Special Temporary Authority issued by the Commission or Program Test Authority to operate with modified facilities pending grant of a new license.
Retain each authorization until replaced by a new authorization.
73.3526(e)(2) & 73.3527(e)(2) Applications
This section includes pending applications filed with the FCC, including all exhibits, letters and other documents filed as a part of the application or incorporated by reference, and amendments to the application. In rare instances there may be correspondence to and from the FCC pertaining to the application. These documents must be kept with the application in the file. Likewise, for commercial stations, copies of initial and final decisions in related FCC hearings must be retained. And for non-commercial stations, documentation supporting any points claimed in the applications must be retained. In the event of a petition to deny the application, a statement that the petition has been filed, together with the name and address of the filing party, must be filed. Motions and legal pleadings need not be filed.
Retain until final FCC action has been taken, except that applications granted pursuant to a waiver showing shall be retained for as long as the waiver is in effect. In addition, license renewal applications granted on a short-term basis (and related documents) must be retained until final grant of the next renewal application.
73.3526(e)(3) Citizens Agreements
Commercial stations must place in this section of the OPIF a copy of any written citizens agreement. A citizens agreement is an agreement between a station and one or more citizens or citizen groups. These agreements are fairly unusual.18 Typically they deal with goals or proposed practices directly or indirectly affecting the operation of the station in the public interest, i.e., programming or employment.
Retain for the term of the agreement, including any renewals and extensions.
73.3526(e)(4) & 73.3527(e)(3) Contour Maps and Location Information
18 “Citizens agreements” typically date to a period in the 1970s and 1980s when citizens and public interest groups approached broadcast station licensees, typically during the comment period associated with the license renewal process, to discuss concerns about such matters as station programming or employment practices. Occasionally the discussions resulted in the parties signing a formal agreement, which the station was required to keep in the public file.
Public Inspection File Primer – February 2020
The OPIF contains a contour map for each station generated by a commercial mapping application. Please check to be sure the map available on the “Contour Maps” page is for the correct station. In rare instances, we have seen incorrect contour maps showing, for example, the contour of a translator rather than the main station.
Keep these documents as long as they reflect current information regarding the station.
73.3526(e)(5) & 73.3527(e)(4) FCC Ownership Reports
This section must contain the licensee’s most recent complete ownership report (for the licensee, its parent company(ies) and entities holding attributable interests in the licensee) (FCC Form 323) as filed with the FCC. The ownership report may be either a biennial or post- consummation report, whichever is most current.
Retain until a new, complete Form 323 is filed with the FCC.
This section of the OPIF must also contain either a copy of all of the contracts listed in the ownership report, or a complete list of all such contracts.19 The list or actual contracts must include:
73.3613(b)(1) Articles of Partnership, Association or Incorporation (include all amendments);
73.3613(b)(2) Corporate By-laws; and
73.3613(b)(3)-(6) Other Contracts Affecting Ownership/Control (e.g., security or credit agreements, voting proxies, etc.).
73.3526(e)(6) & 73.3527(e)(5) Political File
This file must include materials for the general and primary elections for the past two (2) years. It may be helpful to set up sub-files for each candidate that purchases advertising time on the station. The FCC’s online file is organized for Federal and State candidates, with subfolders for each race. Sponsorship ID information for non-candidate “issue” ads is placed in a separate folder.
Section 73.1943 requires that material in the Political File be kept as a “complete and orderly record.” Records must be inserted “as soon as possible,” which the Commission has interpreted to mean “immediately, absent unusual circumstances.” The FCC has further clarified that documents must be uploaded to the political file within one business day. The documents called for are:
19 Since contracts and agreements retained in the public file are often voluminous, the FCC permits licensees merely to maintain a list of the documents in the file. Copies of any such documents must be supplied to requesting parties within seven (7) days; however, a licensee is allowed to redact competitively sensitive information from the copy.
Public Inspection File Primer – February 2020
1. Copies of final orders for time made by or on behalf of candidates for public office.20 These records should include:
a. the name of the candidate; b. the election (i.e., office sought); c. the candidate’s authorized committee; d. the committee’s treasurer; e. schedule of the time purchased; f. when the spots aired; g. rates charged; and h. classes of time purchased.
2. A listing of any later rebates made to the candidate (since rebates pertain to rates charged).
3. A record of any free time provided by the station for use by or on behalf of any such candidate, including the candidate’s name, the election, the candidate’s authorized committee, and the time and duration of the candidate’s appearance.
4. Copies of records concerning non-candidate or so-called “issue” ads:
a. When a station runs a spot (or a program) involving the discussion of a “controversial issue of public importance,” or political matter, the political file must contain a record of:
i. the name of the person or organization purchasing the time;
ii. the name, address, and phone number of a contact person for such person or organization; and
iii. if applicable, a list of the chief executive officers, or members of the executive committee or board of directors, of the organization sponsoring the ad or program.
b. Pursuant to the Bipartisan Campaign Reform Act of 2002, whenever anyone requests broadcast time to communicate a message relating to any “political matter of national importance,” including: (i) a candidate; (ii) a federal election; or (iii) any “national legislative issue of public importance,” the following information must be placed in political file:
i. name of the candidate(s), if any, referred to in the spots; ii. election(s), if any, referred to in the spots; iii. issue(s), if any, referred to in the spots; iv. name of the person purchasing the time; v. name, address, and phone number of a contact person; vi. schedule of the time purchased; vii. when the spots aired;
20 The rules require that a station place copies for “all requests” for broadcast time in the political file. The FCC has clarified that for purposes of the online political file, stations only need to upload a copy of the final order for broadcast time.
Public Inspection File Primer – February 2020
viii. rates charged; ix. classes of time purchased; x. reason for other action or inaction on the time request; and xi. if applicable, a list of the chief executive officers, or members of the executive committee or the board of directors of the organization sponsoring the ad.
5. The FCC suggests that the station’s Political Disclosure Statement be in the political file, along with amendments.
Retain documents for two years from the election to which the materials relate.
73.3526(e)(7) & 73.3527(e)(6) EEO Forms/Reports
This section must include the information required by Section 73.2080, which includes the following material.21
1. EEO Public File Report. This report is prepared annually on the anniversary of the due date of the station’s license renewal application by station employment units with five (5) or more full-time employees. Stations also must post the report on their website, if they have one.
2. Broadcast Equal Employment Opportunity Program Report (FCC Form 396). This report is filed in conjunction with the station’s license renewal application. Television stations in an employment unit with five (5) or more full-time employees must attach EEO Public File Reports for the previous two years.
3. Broadcast Equal Employment Opportunity Model Program Report (FCC Form 396-A). This report is filed with an application for sale of a station or with an application for a new broadcast station.
Keep in the file until final FCC action on the renewal application submitted at the end of the license term during which the reports were filed.
73.3526(e)(8) & 73.3527(e)(7) “The Public and Broadcasting”
The FCC will upload the latest version of the FCC’s manual The Public and Broadcasting.
Maintain this publication permanently.
73.3527(e)(9) Donor Lists
Noncommercial stations must retain in this section lists of donors supporting specific programs.
21 Note that EEO documents are generally prepared on the basis of a “station employment unit” (SEU), which typically includes all commonly-owned stations in a local market. However, each station in the SEU must upload copies of these documents in its individual OPIF. Also note that each station must file its own FCC Form 396, with appropriate EEO Public File Reports appended, as part of its license renewal application.
Public Inspection File Primer – February 2020
Retain for two years from the date of the specific program supported.
73.3526(e)(10) & 73.3627(e)(11) FCC Investigations/Complaints
Include here all material relating to a matter which is the subject of an FCC investigation, or a complaint to the FCC of which the station has been advised. The FCC will upload the notice it sends to the station. The station must upload its response to the OPIF only if directed to do so in the notice.
Maintain in the file until the station is notified in writing by the FCC that the material may be discarded.
73.3526(e)(11)(i) & 73.3527(e)(8) Issues/Programs Lists
Upload to this section, on a quarterly basis, lists of local community issues and illustrative programs broadcast by the station addressing those issues. The FCC requires that these lists describe programs or program segments (excluding breaking news reports) which reflect the most significant treatment by the station of the local issues which the licensee regards to be of concern to the community.
Retain until “final” FCC action on the renewal application following the license term in which the lists are filed.
73.3526(e)(11)(ii) Records Concerning Commercial Limits
This section should be uploaded by January 13 of the succeeding calendar year. For commercial and Class A broadcast television stations, you must maintain records in the online public file that are sufficient to permit substantiation of the station’s certification of compliance with the children’s programming commercial limits established in Section 73.670 of the Commission’s rules. This refers to programming originally produced or broadcast for children 12 years or younger. Commercial limits require that you air no more than 10.5 minutes of commercial matter per hour during children’s programming on weekends, or more than 12 minutes of commercial matter on weekdays.
Retain until “final” FCC action on the renewal application following the license term in which the records are filed.
73.3526(e)(11)(iii) Children’s Television Programming Reports
You should upload your annual Children’s Television Programming (“KidVid”) Report on an annual basis by January 30 of the preceding year. Due to changes to the KidVid Report form, submissions for 2019 will not be due until March 30, 2020. After the form is electronically filed, the Commission will link the form to your online public inspection file. The Report shall identify the licensee's educational and informational programming efforts, including programs aired by the station that are specifically designed to serve the educational and informational needs of children.
Retain in online public inspection file until “final” action has been taken by the FCC on the station’s license renewal application following the license term in which the records are filed.
73.3526(e)(13) & 73.3527(e)(10) Local Public Notice Announcements
Public Inspection File Primer – February 2020
This section must include the documentation required by Section 73.3580(h), which requires that within seven (7) days of airing the last post-filing announcement relating to submission of a license renewal application, a station must upload to the OPIF a certification that the announcements have aired.
Keep in the file until “final” action on the renewal application referenced in the announcements.
73.3526(e)(14) Time Brokerage Agreements
For commercial stations, this section of the file must include a copy of every agreement or contract involving time brokerage of the licensee's station by another station, or time brokerage of another station by the licensee, whether the stations involved are in the same market or in different markets. Confidential or proprietary information may be redacted where appropriate.
Retain in the file as long as the agreement is in force.
73.3526(e)(15) Must Carry/Retransmission Consent Election
Statements of a commercial or Class A television station’s election with respect to either must- carry or retransmission consent must be added to the station’s online public inspection file. You must provide an up-to-date email address and phone number for carriage-related questions by July 31, 2020. Additionally, you are required to respond as soon as is reasonably possible to messages or calls from multichannel video programming distributors (MVPDs).
Maintain for the duration of the three-year election period for which the statement applies.
73.3526(e)(16) Joint Sales Agreements
Commercial stations must place in this section a copy of any agreement for the joint sale of advertising time involving the station. Confidential or proprietary information may be redacted.
Maintain in the file as long as the agreement is in force.
73.3526(e)(17) Class A Continuing Eligibility
Class A stations must upload documentation sufficient to demonstrate that they are continuing to meet Class A eligibility requirements.
73.3526(e)(18) Shared Service Agreements
Commercial television stations must retain a copy of each Shared Service Agreement for the station with oral agreements deduced to a writing.
ADDITIONAL RECORDKEEPING REQUIREMENTS
Posting of Authorizations (Section 73.1230)
The FCC’s requirements regarding the posting of station licenses (along with those of auxiliary stations like STLs and remote pickups, and facilities used in conjunction with the station like Operational Fixed Microwaves) have been eliminated.
Public Inspection File Primer – February 2020
Maintaining Engineering/Operating Logs (Section 73.1840)
Engineering/operating logs must be retained by stations for a period of two years, but they are not part of the public file.
Public Inspection File Primer – February 2020
4. Will the FCC remove applications that no longer should be retained in the online public file?
No. The FCC will not remove material from the portions of the public file it maintains. In fact, when the FCC creates those sections, it will place too much information in the public file. For example, it will place copies of all of your station’s ownership reports (not just the most recent one), and applications that were granted (not just those that are pending). The station will need to clean up the sections of the online public file that the FCC has populated to remove material that is not required to be kept in the file. See the Public File Primer for instructions on how to remove material from the public file.
5. Do we need to keep paper copies of the political files once they are uploaded to the online public file?
No. But, if the FCC-hosted online public file is not accessible for any reason (like during a government shutdown), the station must make its political files available for the public to review. Thus, stations should ensure they maintain a back-up of all political file material uploaded to the public file.
6. Our station was recently bought by a new owner. Do we have to upload Issues and Program Reports and EEO Public File Reports created by the previous owner?
Yes. If the current licensee has those files and they relate to the current license term, they should be uploaded to the OPIF. As the new licensee of the station, the FCC cannot hold you responsible for the content of the reports prepared by the previous licensee or the completeness of the public file prior to its acquisition by the current licensee.
7. Who at the station should be responsible for maintaining the online public file?
Each station must designate at least one person to maintain the OPIF and ensure this person has access to the passcode. We strongly recommend that multiple people are trained in how to upload material to the OPIF to ensure that a deadline is not missed because someone is sick or on vacation.
8. How long after a Time Brokerage Agreement expires do we have to keep it in the file?
The Agreement can be removed as soon as it expires (if it has not been renewed).
9. Should we keep our “Alternative Inspection” certificate in the OPIF?
Neither. This should be kept in your business files rather than the public file.
10. Should we place supporting documentation for our annual EEO public file report in the OPIF?
No. A station only needs to upload the EEO annual public file report in the OPIF. Supporting documentation should be kept in your business files. The exception is if the
Public Inspection File Primer – February 2020
station is selected for an audit of its EEO files by the FCC, then it would submit the backup documentation to the FCC and upload a copy of the audit material in the OPIF.
11. Is documentation showing that we aired PSAs required to be kept in the public file?
No. This information is not required to be kept in the public file. However, if a PSA contains a significant treatment of a local issue, it can be one acceptable way to address local issues and could be included in the station’s issues and program report. While PSAs are one type of programming that can be used to address local issues, we strongly caution stations not to rely solely on PSAs to address local issues.
ATTACHMENT I
FCC FORM 2100/SCHEDULE 396
Public Inspection File Primer – February 2020
Public Inspection File Primer – February 2020
Public Inspection File Primer – February 2020
Public Inspection File Primer – February 2020
Public Inspection File Primer – February 2020
Public Inspection File Primer – February 2020
ATTACHMENT J
EEO PUBLIC FILE REPORT TEMPLATE
[FILL WITH STATION CALL SIGNS] EEO PUBLIC FILE REPORT ______, 201_-______, 201_1
I. VACANCY LIST
SEE SECTION II, THE “MASTER RECRUITMENT SOURCE LIST” (“MRSL”) FOR RECRUITMENT SOURCE DATA
Recruitment Sources (“RS”) RS Referring Job Title Used to Fill Vacancy Hiree [Type in each vacancy that was filled during the [List all recruitment sources [Input the reporting period. If you have not filled any such (“RS”)—by number—used to number of the openings during this time, simply type in: publicize this vacancy, e.g. 1-10, source that NO JOB OPENINGS WERE POSTED AND 12-20. The numbers must produced the FILLED DURING THIS REPORTING PERIOD. correspond to each RS as listed in hiree for this Delete all directions shown in italicized, the next section.] vacancy. bracketed text throughout this form before Again, the you finalize it.] number must correspond to the RS as listed in the next section.]
1 The report reflects data collected from [month & day], 20___ to [month & day], 20___. [The 12-month period covered by the Report is based on the anniversary of the license renewal filing deadline for the station/SEU. The FCC also allows stations a “10-day grace period” at the end of a reporting period to stop collecting data and concentrate on filling out the Report. If you have used any of the 10-day grace period, disclose it in this footnote.]
[FILL WITH STATION CALL SIGNS] EEO PUBLIC FILE REPORT ______, 20__-______, 20__ II. MASTER RECRUITMENT SOURCE LIST (“MRSL”)
Source Entitled No. of Interviewees RS Referred by RS RS Information to Vacancy Number Notification? Over (Yes/No) Reporting Period
1 [For each source type in the (1) name of the [If a source has [Provide number of contact entity, (2) name or title of contact person, requested notice of interviewees—not (3) mailing address, and (4) telephone number. your job vacancies (or applicants— You must provide more than just the name of responded “Yes” to produced by this the source, unless it was only a website your offer to send RS for all service; for the latter, provide at least the full them notices), type vacancies filled web address.] “Y”. If you’ve during reporting received no such period.] request (or made no such offer), type “N”.] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (etc.)
Source Entitled No. of Interviewees RS Referred by RS RS Information to Vacancy Number Notification? Over (Yes/No) Reporting Period
TOTAL INTERVIEWEES OVER REPORTING PERIOD [Type in total number of interviewees for reporting period.]
[FILL WITH STATION CALL SIGNS] EEO PUBLIC FILE REPORT ______, 20__-______, 20__
III. RECRUITMENT INITIATIVES
Type Of Recruitment Initiative Brief Description Of Activity (Menu Selection)
1 [NOTE: To report initiatives that occurred during this [Provide a brief description here—and for any job period, type a brief phrase here that corresponds to fair, career day or similar event, indicate by job title the FCC’s recruitment initiative menu. Examples: the station representatives who participated in the event. Job fairs and similar events only count if the Participated in Job Fair station participants can be said to have some input Co-Sponsored Career Day into hiring decisions. Example: Internship Program On [date], the stations participated in a job fair held at ABC College in [city, state]. Participants from the Event Designed to Disseminate Information About stations included the Director of Sales and the Broadcast Careers] Programming Director.]
2
3
4